
Book V9<^ 



COMMONWEALTH OF PENNSYLVANIA 

DIGEST 



OF THE 



Game, Fisli and Forestry Laws 



This pamphlet is published but once in two years, a single edition being 
printed and that edition is limited in numbers by the Joint Resolu- 
tion of the Senate and House directing its publication. 



EDITED BY DR. JOSEPH KALBFUS 

Secretary of the Qame Commission 



1913 



HARRISBURG, PA.: 

WM. STANLEY RAY, STATE PRINTER 

1913 



Ll-'^ ! 2 Cv 






\«\N^ 



DIVISION 1. Page 11 



Contains laws or parts of laws treating of Game, of song and 
insectivorous birds. 

DIVISION 2. Page 131. 

Contains laws or parts of laws treating of fish only. 

DIVISION 3. Page 239. 

Contains laws pertaining to Forestry. 

A collection of Leading Decisions relative to Game and Fish 
Law is printed , beginning on page 221 . 

The Game Commission is entrusted with the care of Game and 
wild birds. 

The Department of Fisheries is charged with the protection of 
fishes . 

The Forestry Department has control of Forestry. 

The work of each is separate and distinct. 

A summary of the laws bearing upon these subjects and separate 
index is attached. 

Please read the letter beginning on page 5. 






4 



A JOINT RESOLUTION 

Directing the publication of the pamphlet containing 
the game, fish, and forestry laws. 

Whereas, By reason of the great demand by the 
people of this Comonwealth for the pamphlet contain- 
ing the game, the fish, and the forestry laws of this 
Commonwealth, the many proposed changes of the 
same and additions thereto, and that the people of 
the State be given the opportunity to become ac- 
quainted with these laws as quickly as possible after 
their enactment; therefore. 

Be it resolved (if the Senate concur). That the Sec- 
retary of the Board of Game Commissioners of this 
Commonwealth be and is hereby directed to prepare 
the data, and as soon as possible after the close of this 
session present the same to the Superintendent of Pub- 
lic Printing, who shall, at the expense of the State, 
have published in pamphlet form one hundred and 
fifty thousand (150,000) copies of said laws, together 
with such letter of instruction or explanation by those 
entrusted with the care of our game, our forests, and 
our fish as may seem necessary: thirty thousand for 
the use of the Senate, sixty thousand for the use of 
the House of Representatives, two thousand for the 
use of the Executive, four thousand for the use of the 
Secretary of the Commonwealth, two thousand for the 
use of the Attorney General, eight thousand for the 
use of the Department of Forestry, eight thousand 
for the use of the Department of Fisheries, three 
thousand for the use of the Auditor General, three 
thousand for the use of the Treasury Department, 
three thousand for the use of the Department of In- 
ternal Affairs, three thousand for the use of the De- 
partment of Roads, two thousands for the use of the 
Department of Mines, three thousand for the use of 
the Department of Agriculture, one thousand for the 
use of the Railroad Commission, one thousand for 
the use of the Insurance Department, one thousand 
for the use of the Department of Health, one thou- 
sand for the use of the office of the State Fire Mar- 
shal, and fifteen thousand for the use of the Board 
of Game Commissioners. 

APPROVED— The 29th day of March, A. D. 1913. 
JOHN K. TENER, 

The foregoing is a true and correct copy of the Act 
of the General Assembly No. 22. 

ROBERT McAFEE, 
Secretary of the Commonwealth. 

(3) 



Preamble. 



Game, fish 
and forestry 
laws. 



Distribution. 



M^ 



(4) 



LETTER OF TRANSMITTAL. 



In the minds of those who have to do with the forestry, the 
fish and the game interests of this Commonwealth, those that 
have given these subjects careful and thoughtful study, each of 
them in itself seems to occupy such a place in the makeup of the 
individual life of so many people and are jointly so interwoven 
with each other and the general prosperity of our State, as to 
make even their prospective loss appear in the light of a calamity, 
a condition that if once established will be extremely hard, if not 
impossible to overcame, and that will bring serious, very serious 
^ejults in its train . 

It has long since been determined that growing timber, forest 
shade and fruit *.rees were absolutely necessary to the healthful 
enjoyment of tl is life. That the products of growing timber is 
absolutely uece^ary to the success of mechanical pursuits. That 
upon the pieservation or reproduction of our forests depends our 
continuous water supply, our protection from drought, as well as 
our defense against excessive floods. 

It is desiied to call particular attention to two new statutes 
relating to forests and forestry. The first is the municipal forest 
law, which permits municipalities to purchase forest land for the 
purpose of revenue, using the returns for such municipal pur- 
poses as may be necessary; and the other is the new forest fire 
wardens act, completely changing the system of fire fighting in 
this Commonwealth. These acts will be found at pages — and — . 

How much better it would have been for this Commonwealth 
had the subject of forestry, with all that word covers, been in- 
telligently considered and ' acted upon fifty years ago instead of 
to-day . 

How much better it would have been, had the people of this 
Commonwealth and of this Nation, endorsed the idea of game 
and wild bird preservation and of fish protection and propagation, 
fifty years ago instead of at this time. 

It has been said that the benefit derived by a day afield with 
rod, or gun, by the tired, or worn out, indoor worker, is some- 
thing that cannot be correctly expressed in words or figures. 
Physical exercise and forgetfulness of daily worry and business 
care, bring their reward ii. icturn of health and there is no in- 
centive in this direction, that begins to take the place of the 
pursuit of game or fish. Anv one who ever hooked a two pound 
bass, or used an artificial tly, cay realize what total forgetful- 

{5) 



6 GAME, FISH AND FORESTRY LAWS. 

ness of business cares means ; how from the moment the strike 
was made the circulation quickened and all thought of_ the World 
outside was forgotten, until that fish was landed; how in anticipa- 
tion of a strike every cast of the fly took his whole attention. No 
one can forpet the flushing of that wild turkey or of that pheas- 
ant, or of that covey of quail, or how bunny sprang out most un- 
expectedly and how in absolute forgetfulness of all beside, he 
took that needed and continued exercise in their pursuit, that 
nothing besides would have caused him to take, and how in rest- 
ful obliviion he passed the night without even a dream of business 
cares. 

The Department of Health was created for the purpose of 
conserving the health of our people. Sanitariums are everywhere 
being erected and maintained, in the hope of curing those who 
are ailing. Our idea is to make an open park of all the wild 
lands of this Commonwealth, a place in which our people of all 
classes can find pleasure and maintain their strength, where the 
well and strong can enjoy an outing that will keep them well 
and make them stronger ; where those who are starting on the 
road to shattered nerves, and inability to meet the demands they 
are called upon to face, can strengthen their hold on all those 
things, that fit men the better to meet the requirements of every- 
day battle with the World. 

The presence of game or fish is a lure to strenuous outdoor 
exercise, that means better health to those who hunt or fish, 
and therefore better citizenship. To us, hunting or the pur- 
suit of game, does not appear simply in the light of recreation, 
or pleasure, nor does it appear as a waste of time; but instead 
is in every sense of the word a National necessity. 

The ability acquired by young America in the pursuit of game 
in the handling of the gun, in taking care of himself in the fields, 
or in the forests, or on the water, has made it possible for our 
Volunteers to become with limited discipline and drill the equal 
of any Regular on the face of the Earth. I cite as illustration the 
work done by Jackson's men at New Orleans, the efliciency of our 
own Pennsylvania Bucktails during the late Civil War, the work 
of the Boer with the gun in South Africa, where 1,000 men, who 
knew how to shoot and to shift for themselves, appeared to be the 
equal of many thousands of men who did not possess that ability. 
Under our system of Government and present conditions, the 
efficient volunteer, is our bulwark of defense in the time of War, 
and this State owes it to itself, for this reason, if for no other, to 
supply its young men with the incentive to this training in the 
shape of game, without which they cannot and will not be fitted 
to meet the demands made upon them. We had in Pennsylvania 
last fall, fully 8,000 men who camped upon State lands. 

We had that many more men who hunted on State lands, with- 



GAME, FISH AND FORESTRY LAWS. 7 

out campim?, and the total of those hunting on State lands, was 
not more than one-half, of those who hunted with rifles in this 
State last fall, together making an army of at least 30,000 rifle- 
men. I believe it conservative to say that 150,000 men hunted 
last fall in Pennsylvania, with shot guns, making a grand total 
of at least 180,000 hunters in this State, in one year. More 
than 800 buck deer were killed legally, about 80 does were killed 
illegally, more than 100,000 ruffed grouse were taken, more than 
1,000 wild turkeys were captured, fully 40,000 quail were killed, 
while the number of rabbits slain was in the neighborhood of 
1,000,000 altogether, making a fair return to the hunter and an 
incentive to out-door exercise not to be attained in any other 
way. 

We believe it conservative to fix ten dollars, as the average ex- 
penditure to each man that went hunting, this includes time, wear 
and tare and actual cash expended, 10 times 180,000 means 1,- 
800,000 expended in an effort to destroy our game of various kinds. 
The appropriation made to the use of the Game Commission, to 
replenish and return game to our covers, was last year, 27,500, 
and I call attention to the fact that it is just as hard to-day 
"to make good brick without straw" as it was in the olden time. 
We who are trying to do the work, realize that without the help 
of the people, the utmost effort of the Game Commission, or of 
the Department of Forestry, or of the Department of Fisheries, 
must be futile. I call the attention of those who do not hunt to 
the fact, that under the law, they are joint owners in the wild 
game and birds of this Commonwealth, and beg of them to help 
conserve these things before it is too late, this for the game 
phase of this question. 

There is another side to the work of the Game Commission 
beside the creation of game, that it might be killed and one that 
means much more to the Nation, to the State and to You, and 
that is the work pertaining to the preservation of wild birds 
other than game birds, the value of vrhose life work, means far 
more than can possible come through the presence of any quan- 
tity of game. 

It is said we have about 600 colleges and universities in this 
Nation, the value of their buildings is estimated at $260,000,000, 
the value of their endowments, if fixed at about $217,000,000 mak- 
ing a total of $477,000,000 invested in these things. 

It is claimed we have about 20,000,000 school children in the 
United States, and no one will question the claim, that the cost 
of the education of these children, is among the heaviest burdens 
placed upon the reserve fund of our Nation. 

It is estimated that the excavations necessary to create the 
Panama Canal would establish a ditch 55 feet wide and 10 feet 
deep, extending from New York to San Francisco. 



8 GAME, FISH AND FORESTRY LAWS. 

I have seen the statement that the dirt handled in this work 
would build a wall equal in height and width to the Chinese wall, 
2,500 miles in length; the present Chinese wall, is reported to be, 
about 1,500 miles in extent. 

It is claimed that the dirt excavated in the making of this canal, 
would build more than 60 pyramids, equal to the pyramids of 
Egypt, that if placed side by side would extend more than nine 
miles . 

The cost of this wonderful feat of engineering is I believe in 
the neighborhood of $600,000,000. 

A battleship cost about $8,000,000, and days and weeks are 
spent at our National Capitol, in discussing whether or not, one 
or two ships shall be built. 

It is estimated by the Secretary of Agriculture at Washington 
that the loss to agriculture through the ravages of insects annu- 
ally reaches, if it does not exceed, ten per cent, of the entire 
return secured. Last year this loss was fixed at more than $800,- 
000,000, enough, if saved, to replace every college and university 
building in the United States, were they from any cause de- 
stroyed, to re-endow each one, in like amount now possessed, 
and to have remaining, an amount exceeding §300,000,000, an 
amount that might well be applied to reducing the cost of edu- 
cating the more than 20,000,000 children of this Nation. 

The loss to Agriculture through the ravages of insects, in one 
year, if saved, would more than pay the entire cost of creating 
the very greatest of modern improvements, the Panama Canal. 
It would build a fleet of a hundred battleships each year. 

I have seen a calculation holding it possible for a single pair 
of San Jose Scale, there being no losses, to become the ancestors 
of fully ten sextillion of their own kind in one year, the calcula- 
tor claiming, that this meant at least 40,000 'of these insects, 
to every square foot of land above water in the world, and that 
if these insects were placed in single file, 10 to the inch, it would 
take light traveling at the rate of 180,000 miles per second, 2,500 
years to reach the file leader. 

The question is asked why it is, if this be correct, that any 
vegetation at all is found upon the earth to-day, and the answer 
comes, that because of climatic conditions, diseases, stravation, 
insect enemies, poisons and birds, this vast army of destroying 
agents is decimated and held in check, and no one questions the 
claim that, the birds are a mighty factor in this direction. 

Zoologists tell us most young birds while in the nest are fed 
upon insect life, and that each one daily consumes an amount 
of animal food in the shape of insects equal to its own weight. 
Say there is but a single nest to the acre in this State, and that 
each nest contains four young birds weighing one ounce each, 
or four ounces to the nest, one pound to four acres, one ton 



GAME, FISH AND FORESTRY LAWS. 9 

to eight thousand acres, we have in round numbers in Pennsyl- 
vania 28,800,000 acres, and it would therefore, at this rate, require 
3,600 tons of insects to feed the birds of this State one single day. 
Surely the life work of birds means something to each one of us. 

Some one has defined ornithology to be the study of birds from 
the standpoint of dollars and cents, and it matters not whether 
the birds be classed as a game bird, a song bird or an insectivorous 
bird, its value living, far exceeds its value dead. 

Consider the worth of fish and fishing, the pleasure, experience, 
recreation, with consequent better health and improved ability 
to meet the demands made by the family or State and in addition 
the cash value of the many tons of fish taken. 

Under the Constitution of Pennsylvania, there can be no special 
or sectional legislation. Our laws must as nearly as possible be 
drawn to meet the necessities of the entire State and of every 
part thereof, and to this end the Legislature has directed its labors. 

This book contains a compilation of the laws of this Common- 
wealth upon the subjects of forestry, fish and game; and it is 
the most earnest desire of those entrusted with the care of these 
subjects that every resident of this Commonwealth awake now, 
to the realization of the fact that their individual help is needed 
to protect these interests. No one, it seems to us, has attained an 
elevation in this State that places him above having a personal 
interest in these matters and no one occupies a position so lowly, 
that his influence cannot be of value. Every community should 
have an organization for forestry, fish and game protection, and 
we hope the laws contained in this little book will be read and re- 
read, not by hunters and fishermen only, but by every individual 
in the State who has her interests truly at heart, who if they will 
but one moment think upon these subjects, cannot fail to recognize 
that every step taken for the protection of our forests, our fish 
and our game and our wild birds other than game birds, is a step 
in the right direction and one that cannot fail to be of benefit to 
the Commonwealth. 

It is impossible to secure laws that in all respects suit every- 
body. We believe the acts contained in this book are fair and 
reasonable and just in most respects, and are worthy of the 
highest regard and entitled to the full support of all law abiding 
citizens. They were passed for the purpose of benefiting all the 
people of this Commonwealth. Neither of the Departments en- 
trusted with the care of these subjects is powerful enough in 
itself to enforce the laws as they should be enforced. Neither of 
these Departments, without the help of the people, can secure 
results such as are desired. We need your individual support. 
We want that help. We feel that we are working for your bene- 
fit and are entitled to that support. We beg of you to help your- 
self and your community by aiding us in this work. 



10 GAME, FISH AND FORESTRY LAWS. 

Individual effort in behalf of these subjects is well enough and 
much good has already and will hereafter result from such efforts. 
Organization for the purpose of advancing these interests is still 
better, and in the hope of aiding you in such organization we 

publish on page of this book a short form of suggestions that 

may be of use. We would like to see an organization for one or 
all of these purposes combined in every community of this Com- 
monwealth 

Respectfully yours, 

JOSEPH KALBFUS, 
Secretary of the Game Commission. 



GAME, FISH AND FORESTRY LAWS 



DIVISION 1 

CONTAINING LAWS OR PARTS OF LAWS 
TREATING OF GAME, OF SONG, AND IN- 
SECTIVOROUS BIRDS. 



AN ACT 

To provide for the appointment of Game Commis- 
sioners for the Commonwealth of Pennsylvania, de- J""e 25, 
fining their duties and empowering them to appoint ^^3^' ^ • ^• 
game protectors. 

Section 1. Be it enacted, &c.. That the Governor 
of the Commonwealth is hereby authorized and re- 
quired to appoint, subject to the approval of the 
Senate, six competent citizens of this State to be 
and act as a Board of Game Commissioners, no two 
of whom shall be from the same Senatorial district, 
and shall, upon said appointment, designate which 
two of said persons shall receive and hold office dur- 
ing the term of one year, which two of said persons 
shall receive and hold office during the term of two 
years, and which two of said persons shall receive 
nnd hold office for the term of three years. 

Upon the death, resi2,njttion or removal from office 
of any persons so appointed as aforesaid, the Gover- 
nor shall appoint a competent person to serve for 
the unexpired term of the person so dying, resign- 
ing or removed, subject to the approval of the Sen- 
ate at its next meeting, if such meeting shall be be- 
fore the expiration of the term of office of such ap- 
pointee. 

Upon the expiration of the term of the officers so 
appointed and designated under the provisions of 
this act, their successor shall be appointed in manner 



Aiipointment 
of Board of 
Game Com- 
missioners, 
authorized. 



Terms of 
first ap- 
pointees. 



Vacancy, 
Liow nlled. 



(11) 



12 



GAME, FISH AND FORESTRY LAWS 



Full term 
shall be 
three years. 

No compen- 
Bation for 
gervices. 



Office of 
teaid. 



Meetings. 

Duties of 
bMrd In 
protection of 
flame. 

In collertf'^a 
•f statistics. 



Keep re- 
ports, &c. 



Aannal re- 
port to GOT- 
•mer. 



Contents of 
roport. 



QOTemor 
■hall present 
report to 
legislature. 



Board snail 
appoint 30 
game pro- 
tectors. 



Chief pro- 
tector. 



aforesaid for the term of three years so that there 
shall not be more than two vacancies at any one 
time in such commission, and the term of two com- 
missioners shall expire thereafter each year. The 
commissioners shall receive no compensation for their 
services . 

Section 2. The Board of Game Commissioners shall 
have an office in the Capitol, at Harrisburg, Penn- 
sylvania, and shall hold meetings at such office on 
the first Thursday of January and July, and at such 
other times and places within the State as the com- 
missioners shall appoint for the transaction of busi- 
ness. It shall be the duty of said board to protect and 
preserve the game, song and insectivorous birds and 
mammals of the State, and to enforce, by proper 
actions and proceedings, the laws of this Common- 
wealth relating to the same. It shall be the duty 
of said board to collect, classify and preserve all 
such statistics, data and information as, in their 
judgment, will tend to promote the objects of this 
act, to take charge of and keep all reports, books, 
papers and documents which shall, in the discharge 
of their duties hereunder come into their possession 
or under their control. 

It shall be the duty of said board, on or before 
the first Monday in December of each year, to pre- 
pare and present to the Governor of this State an 
annual report, showing what has been done by them 
during the current year, the amount received by 
them, and from what sources, and the amount ex- 
pended by them, and for what purposes, with such 
recommendations for legislative action, if any, as the 
said board may deem wise for the better accom- 
plishment of this act. The Governor shall lay said 
reports before the legislatures convening next after 
their receipt. 

Section 3. As amended by act of June 15th, 1911, 
P. L. 960. 

Section 3. The Board of Game Commissioners shall 
have the power and authority to appoint thirty (30) 
competent men, whose powers and duties are here- 
inafter defined, and who shall be known as game 
protectors. The said board shall, from time to time, 
designate one of such protectors as chief protector, 
who shall remain such during the pleasure of the 
board, and wb • shall have the direction, supervision, 
and control of the other protectors. The chief game 



GAME, FISH AND FORESTRY LAWS 



13 



protector shall be secretary to the Board of Game 
Commissioners, and shall occupy as his permanent 
headquarters the room assigned to the Game Com- 
missioners at the Capitol at Harrisburg. Said sec- 
retary shall have authority to have printed, at the 
expense of the State, the annual report of the Board 
of Game Commissioners to the Governor, and such 
bulletin as, in the opinion of said board, may be 
necessary to its work. 

Section 4. Game protectors so appointed shall hold 
oflBce during the pleasure of the Board of Game Com- 
missioners, which may summarily remove any of 
their number and appoint another in his place. The 
game protectors shall enforce all the game laws of 
the State and the provisions supplementary thereto, 
and shall have full power to execute all warrants 
and search warrants issued for the violation of the 
game law, and to serve subpoenas issued for the ex- 
amination, investigation or trial of all offenses 
against said laws ; each protector shall keep a record 
of his official acts, receipts and • expenditures and 
at the close of each month make summary of such 
record, with such statements in detail as shall be 
necessary for the information of his chief, and report 
the same to the chief protector under oath. The 
chief protector shall report to the Board of Com- 
missioners any negligence or dereliction of duty or 
incompetency on the part of any of the protectors, 
with the facts relating thereto, and he shall report 
monthly to said commissioners the operations of his 
department during the preceding month, and shall 
make such further reports as may b^ required by the 
Board of Commissioners: Provided, That no com- 
missioner, protector or other officer, authorized by 
this act shall claim or receive any compensation for 
his services or for expenses incurred in the discharge 
of his duties. 

Approved— The 25th day of June, A. D. 1895. 

DANIEL H. HASTINGS. 



Chief pro- 
tector shall 
be secretary 
of the 
board. 



Annual re- 
port and 
bulletins. 



Protectors 
shall hold 
ofRce at 
pleasure of 
board. 



Shall en- 
force game 
laws. 

Serve sub- 
poenas. 
Shall keep 
record of 
official acts, 
Ac, and re- 
port under 
oath. 

Chief protec- 
tor shall re- 
port negli- 
gence on 
part of pro- 
tectors. 
Shall make 
monthly re- 
port. 

No compen- 
sation to 
commission- 
er, protector 
or other 
officer. 



14 



GAME, FISH AND FORESTRY LAWS 



March 22, 
1899. P. L. 
17. 



Constables 
to be es-ofi 
clo fire, 
game and 
fish war- 
dens. 

Duties of 
wardens. 



May arrest 

without 

warrant. 



Arrests may 
be made on 
Sunday. 



Power with- 
out warrant 
to search 
and exam- 
ine. 



To seize and 
take posses- 
sion of game 

niKl tish. 



AN ACT 

Making constables of townships and boroughs ex- 
officio fire, game and fish wardens, prescribing 
their powers and duties, fixing their fees as war- 
dens, and prescribing their punishment for failure 
to perform their duties. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act the constables of the 
various wards, boroughs and townships of the Com- 
monwealth shall be ex-ofiicio, fire, game and fish 
wardens. 

Section 2. It shall be the duty of said fire, game 
and fish wardens to enforce all statutes of this State 
now in force, or that hereafter be 'enacted, for the 
protection of forests and timber lands from fire, and 
for the protection and propagation of game, game 
birds, game mammals, song and insectivorous birds, 
and fish, and said constables or wardens shall have 
authority to arrest without warrant any person or 
persons caught by them in the act of violating any of 
the aforesaid laws for the protection of forests and 
timber lands, game, and food and game fish, and 
take such person or persons forthwith before a jus- 
tice of the peace or other magistrate having juris- 
diction, who shall proceed without delay to hear, 
try and determine the matter. Such arrests may be 
also made on Sunday, in which case the person or 
persons arrested shall be taken before the proper 
officer, and proceeded against as soon as may be on 
a week day following the arrest. 

Section 3. Said constables or wardens shall have 
power without warrant to search and examine any 
boat, conveyance, vehicle, fish box, fish basket, game 
bag or game coat, or other receptacle for game or 
fish, when they have good reason to believe that any 
of the laws for the protection of forests and timber 
lands, game and fish, have been violated; and the 
said constables shall at any time seize and take pos- 
session of any and all birds, animals or fish, which 
have been caught, taken or killed at any time, in 
a manner or for a purpose, or had in possession or 
under control, have been shipped or are about to be 
shipped, contrary to any of the laws of this State. 
Any court having jurisdiction of the offense, upon 



GAME, FISH AND FORESTRY LAWS. 



15 



receiving proof of probable cause for believing in the 
concealment of any bird, animal or fish, caught, 
taken, killed, had in possession, under control or 
shipped, or about to be shipped, contrary to law, 
shall issue a search vrarrant and cause a search to 
be made in any place, and to that end may, after de- 
mand and refusal, cause any building, enclosure or 
car to be entered, and any apartment, chest, box, 
locker, crate, basket or package, to be broken open 
and the contents thereof examined by said constable. 
All birds, animals or fish, or net, or fishing appli- 
ances, or apparatus, seized by any constable or war- 
den, shall be disposed of in such manner as may be 
directed by the court before whom the offense is 
tried, and such constable or warden shall not be liable 
for damages on account of any such search, exami- 
nation or seizure, or the destruction of any nets or 
fishing apparatus of any kind in accordance with the 
provisions of this act. 

Section 4. Any constable or warden, upon the ar- 
rest and prosecution of any offender to conviction 
under the provisions of this act, shall, in addition 
to the fees to which he may be entitled under exist- 
ing laws, be paid for his services the sum of ten 
dollars on a warrant drawn by the county commis- 
sioners on the county treasurer one-half of which 
shall be paid out of the treasury of the respective 
county, and the remaining half of said reward shall 
be paid by the State Treasurer into the treasury 
of said county, out of moneys not otherwise appro- 
priated, upon warrant from the Auditor General, but 
no such warrant shall be drawn until the respective 
county commissioners shall have first furnished, under 
oath, to the Auditor General, a written itemized 
statement of such expenses, and until the same is 
approved by the Auditor General : Provided, That 
no county shall be liable to pay for this purpose in 
any one year an amount exceeding five hundred dol- 
lars . 

Section 5. Each of said constables or wardens 
shall, for the purpose of this act, have concurrent 
jurisdiction throughout his own proper county ; and 
they shall in the first week in each term of the court 
of quarter sessions of their respective counties, make 
special returns to said court, under oath, of all vio- 
lations occurring in their respective townships, or 
which may come or be brought to their notice, of 



Courts may 
issue search 
warrants. 



Property 
seized to be 
disposed of 
as directed 
by the court. 

Constables 
not liable 
for damages. 

Constables 
or wardens 
to be paid. 



How paid. 



Constables 
or wardens 
to have 
concurrent 
jurisdiction. 

To make 
special re- 
turns to 
court. 



GAME, FISH AND FORESTRY LAWS. 

any of the provisions of any law now in force, or 
that may hereafter be enacted, for the protection of 
forests and timber lauds, game and fish; and it shall 
be the duty of the judge of said court to see that 
such returns are faithfully made, and any constable 
or warden wilfully neglecting or refusing to make 
such returns, or to prosecute any offense under said 
laws of which he shall have personal knowledge or 
which he shall have notice in writiing by any citizen, 
giving the name of the offender together with the 
names of the witnesses, shall be guilty of a mis- 
demeanor, and upon conviction thereof be sentenced 
to pay a fine of fifty dollars, or to undergo an im- 
prisonment in the county jail for two months, both 
or either, at the discretion of the court. 

Section 6. All sections, provisions, acts or parts 
of acts inconsistent with this act, or any section 
of it, are hereby repealed. 

Approved— The 22d day of March, A. D. 1899. 
WILLIAM A. STONE. 



A SUPPLEMENT 

To an act, entitled "An act to provide for the ap- 
pointment of game commissioners of the Common- 
wealth of Pennsylvania, defining their duties, and 
empowering them to appoint game protectors," ap- 
proved the twenty-fifth day of June, Anno Domini 
one thousand eight hundred and ninety-five ; ex- 
tending the powers of said protectors, making dis- 
position of fines received by them, and regulating 
their pay. 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act the game protectors appointed 
by virtue of the provisions of the act, entitled "An 
act to provide for the appointment of game commis- 
sioners for the Commonwealth of Pennsylvania, de- 
fining their duties, and empowering them to appoint 
game protectors," approved the twenty-fifth d.iy of 
June, Anno Domini one thousand eight hundred and 
ninety-five shall have, in addition to the powers con- 
ferred upon them by said act, the authority to arrest 
without warrant any person or persons found by 
them in the act of violating any of the laws of this 



GAME, FISH AND FORESTRY LAWS 



17 



Commonwealth now in force, or that may hereafter be 
enacted for the protection of game, of song and of 
insectivorous birds, and take such person or persons 
forthwith before a justice of the peace or other magis- 
trate having jurisdiction, who shall proceed without 
delay to hear, try and determine the matter; such 
arrest may also be made on Sunday, in which case 
the person or persons, so arrested, for safe keeping 
may be committed to the jail for that day, but shall 
be taken before the proper magistrate and proceeded 
against as soon as may be on a week day following 
the arrest. 

Section 2. Said game protectors shall have power, 
without warrant, to search and examine any boat, 
conveyance, vehicle, game-bag, game-coat, or other 
receptacle for game, when they have good cause to 
believe that any of the laws of this Commonwealth 
for the protection of game, of song or of insectivorous 
birds, have been violated; and the said game protec- 
tors shall, at any and all times, have the right to 
seize and take possession of any and all birds or ani- 
mals which have been caught, taken or killed, at any 
time, in a manner or for a purpose, or had in posses- 
sion or under control, have been shipped or about to 
be shipped, contrary to any of the laws of this Com- 
monwealth. Any court having jurisdiction of the 
offense, upon receiving proof of the probable cause 
for believing in the concealment of any bird or animal 
caught, taken, killed, had in possession, under con- 
trol, shipped or about to be shipped, contrary to any 
laws of this Commonwealth, shall issue a search war- 
rant, and cause a search to be made in any place ; 
and to that end may, after demand and refusal, 
cause any building, enclosure or car tc be entered, 
and any apartment, chest, locker, box, trunk, crate, 
basket, bag or package, to be broken open and the 
contents thereof to be examined by said protector. 
All birds or animals classed as game, found therein 
in violation of law, shall be seized by the protector 
making the search, who shall, as soon as may be 
thereafter, forward said game to the nearest hospital, 
for the use of the sick or injured therein ; the bodies 
or parts of bodies of all song or insectivorous birds, 
so taken, shall, unless needed for evidence, be de- 
stroyed ; all guns, gunning appliances, shooting ap- 
paratus, trap or gunning apparel, found in said re- 
ceptacle or receptacles, where the search warrant is 



In case of 
arrest on 
Sunday. 



Search and 
examination 
without 
warrant. 



Seizure of 
game. 



Searcti war- 
rant. 



Game seized 
to be for- 
warded to 
the nearest 
liospital. 



Guns and 
appliances. 



18 



GAME, FISH AND FORESTRY LAWS 



Public 
auction. 



Securing of 
evidence. 



Game to be 
forwarded to 
hospital. 



Interference 
with game 
protectors. 



Aid in 
making 
arrests. 



Compensa- 
tion of game 
protectors. 



Expenses. 

All fines and 
penalties to 
be turned 
over to 
Game Com- 
mission. 



Proviso. 
Repeal. 



issued against a non-resident, shall be seized by said 
protector, and held, subject to the payment of the 
maximum penalty attached by law to the offense 
charged, and the costs of prosecution; said goods to 
be sold at public auction, after the lapse of twenty 
days from the date of seizure, and failure of the 
reputed owner to appear and defend himself against 
the charges preferred ; and such game protector or 
protectors shall not be liable for damages on account 
of any arrest, search, examination, seizure or sale, 
made in accordance with the provisions of this act. 

Section 3. Any of the game protectors of this State 
shall have the right, for the purpose of securing evi- 
dence wherewith to convict of violations of the game 
law, to purchase or sell game, the purchase or sale 
of which is otherwise forbidden, and shall not be 
liable to any of the fines or penalties imposed by law 
for the purchase or sale of game. All game re- 
maining in the hands of a protector, after the pur- 
pose for which it was procured shall have been ac- 
complished, shall be forwarded to the nearest hos- 
pital for the use of the sick or injured therein. 

Section 4. Any person or persons interfering with 
any of the game protectors of this Commonwealth 
in the discharge of their duties, or resisting arrest, 
shall be liable to a penalty of one hundred dollars, 
or be imprisoned in the county jail for a period of 
one day for each dollar of penalty imposed. Any game 
protector is hereby authorized to call to his aid any 
citizen or citizens of this Commonwealth, for assist- 
ance as needed in making an arrest. 

Section 5. That the game protectors, so appointed, 
shall receive salary or pay per day, as may be 
agreed upon by the Game Commission, with ex- 
penses not to exceed two dollars per day outside 
of traveling expenses ; said expense account to be 
itemized and presented under oath. All moneys com- 
ing to any game protector as his part of any fine or 
penalty, under existing law, wherein he is the prose- 
cutor, shall belong to the Game Commission, and 
shall be surrendered by said protector to the secretary 
of the said commission for its use: Provided, That 
the combined expense account of the Game Com- 
mission shall not exceed the amount set apart by 
law to their use. 

Section 6. All acts or parts of acts inconsistent 
with this act are hereby repealed. 

Approved— The 21st day of Mav, A. D. 1901. 

WILLIAM A. STONE. 



GAME, FISH AND FORESTRY LAWS. 



AN ACT 

To prohibit the capture or killing of beaver within 
the Commonwealth of Pennsylvania, and providing 
penalties for the violation of its provisions. 

Section 1. Be it enacted, «&c.. That from and 
after the passage of this act, it shall be unlawful 
to kill or capture, or to attempt to kill or capture, 
any beaver within this Commonwealth. 

Section 2. Any person violating any of the pro- 
visions of this act shall be liable to a penalty of 
one hundred dollars for each offense ; or, in default 
of the payment thereof, with the costs of prosecution, 
to undergo an imprisonment, in the jail of the county 
where the offense is committed, of one day for each 
dollar of penalty imposed ; and the possession of any 
beaver, or of the fresh skin or any portion of the 
fresh skin or carcass of such animal, shall be prima 
facie evidence of a violation of this act by the person 
or persons in whose possession the same shall have 
been found. 

Section 3. For the purposes of this act, the beaver 
shall be classed as game in this Commonwenlth ; and 
it is hereby made the duty of all officers of the State, 
entrusted with the protection of game, to see that the 
provisions of this act are enforced. All prosecutions 
for violation of the provisions of this act shall be 
brought, and the course of proceeding followed, as 
prescribed by section twelve of an act, entitled "An 
act to provide for the protection and preservation 
of game, game quadrupeds, game birds, et cetera," 
approved the fourth day of June, Anno Domini one 
thousand eight hundred and ninetv-seven . 

Approved— The 17th day of March, A. D. 1903. 
SAML. W. PENNYPACKER. 



March 17, 
1903, P. L. 



Fine. 



Impris- 
onment. 



Beaver 
classed as 
"game." 

Duty of 
game war- 
dens, etc. 



Prosecu- 
tions. 



AN ACT 

To provide for the appointment of deputy game pro- 
tectors, for the Commonwealth of Pennsylvania, 
and defining their duties. 

Section 1. Be it enacted, &c.. That the Board of 
Game Commissioners shall have the power and au- 
thority to appoint one competent man in each and 



April 11, 
190, P. L. 
163. 



Deputy 
game pro 
tectors. 



20 



GAME, FISH AND FORESTRY LAWS. 



(Compensa- 
tion. 



BoDd. 



every county of the Commonwealth of Pennsylvania, 
to be called and designated as a deputy game pro- 
tector, who shall have the same power and perform 
the same duties as the present game protectors, au- 
thorized by law, now have and perform, and re- 
ceive the same compensation that constables now re- 
ceive for similar services; and shall, when appointed, 
give to the Board of Game Commissioners a bond 
in the sum of three hundred dollars, conditioned 
for the faithful discharge of his duties ; such bond 
to be approved by the said Commissioners. 
Approved— The 11th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



April 14, 
1903, P. L. 
178. 



Non-resident 
tiunters re- 
quired to 
take out 
license. 



Fee. 



Certificate. 



Not trans- 
ferable. 



Disposition 
of fee. 



AN ACT 

Requiring non-resident hunters to procure a license 
before hunting iu^ this Commonwealth, and pro- 
viding penalties for violation of its provisions, and 
repealing an act approved the twenty-fourth day of 
Api'il, one thousand nine hundred and one. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, every non-resident of 
this Commonwealth shall be required to take out a 
license from the treasurer of the county in which he 
proposes to hunt, before beginning to hunt in any 
part of this Commonwealth. Each and every person 
not a resident of this Commonwealth shall pay a li- 
cense fee of ten dollars to the treasurer of the county 
in which he proposes to hunt, and the said treasurer 
shall thereupon issue to him a certificate, on forms 
supplied by the Board of Game Commissioners of this 
Commonwealth, bearing the name and place of resi- 
dence of the applicant, with his description as near 
as may be, which said certificate shall authorize the 
owner thereof to hunt and kill game in any part of 
this Commonwealth, during the period of that year 
when game may be legally killed, under the restric- 
tions and for the purposes allowed by law ; said cer- 
tificate shall not be transferable, and shall be ex- 
posed for examination, upon demand made by any 
game protector, constable, or game warden of the 
State. One-half of the license fee so received by any 
county treasurer shall be retained by him, for the 
use of the county wherein the same is paid, and the 



GAME, FISH AND FORESTRY LAWS. 



remaining one-half of said fee shall be forwarded by 
him to the State Treasurer, in the same manner and 
for the same purpose as is now provided hf law in 
the case of fines or penalties recovered for violation 
of the provisions of any of the sections of an act, 
entitled "An act to provide for the protection and 
preservation of game, game quadrupeds and game 
birds, and song and insectivorous birds," approved 
the fourth day of June, Anno Domini one thousand 
eight hundred and ninety-seven. All fines and penal- 
ties recovered for violation of the provisions of this 
act shall be distributed as are fines iiud penalties col- 
lected for violation of the said act of June fourth, 
one thousand eight hundred and ninety-seven. 

Section 2. Possession of a gun, in the fields or in 
the forests or on the waters of this Commonwealth, 
by non-residents of this Commonwealth, without hav- 
ing first secured the license required by this act, shall 
be prima facie evidence of a violation of its pro- 
visions ; and any person so offending shall be liable 
to a penalty of twenty-five dollars for each offense, 
or in default of the payment thereof, with the cost 
of prosecution, to sufier an imprisonment in the 
county jail for a period af one day for each dollar of 
penalty imposed, unless he or they enter into good 
and sufficient recognizance to pay said penalty and 
costs within a period of ten days from the date of 
conviction, or enter into recognizance to answer said 
complaint, on a charge of misdemeanor, before the 
court of quarter sessions of the peace of the county 
where said offense is charged to have been committed ; 
which court, on the conviction of the defendant or 
defendants, and failure to pay the penalty or penal- 
ties imposed, with the cost of prosecution, shall com- 
mit the said defendant or defendants to the jail of 
the county for a period of one day for each dollar 
of penalty imposed. 

Section 3. All officers of the Commonwealth whose 
duty it is to protect the game of the Commonwealth, 
shall have power to seize all guns and shooting para- 
phernalia, and game in possession or belonging to the 
suspected parties, within the Commonwealth. The 
game, upon the conviction of the parties so arrested, 
shall ^ be forfeited to the State, and forwarded by 
said officer to the most convenient public hospital, 
for the use of the sick or injured therein ; and the 
guns and shooting paraphernalia held, subject to the 



Fine and 
penalty. 



Bail. 



Commit- 
ment. 



Power of 
officers. 



Disposition 
of game 
seized. 



Guns, etc. 



22 



GAME, FISH AND FORESTRY LAWS, 



Advertise- 
ment. 



Sale. 



Disposition 
of funds. 



Repeal. 



payment of the penalty or penalties imposed, with 
the costs of prosecution ; and in the case of default 
of the payment thereof for a period of five days from 
the date of conviction, unless appeal be taken, to ad- 
vertise the same by public handbill, not less than five 
in number, conspicuously displayed in the borough or 
township where the conviction was secured, and after 
the lapse of ten days from the date of advertisement, 
to sell said guns and paraphernalia at public auc- 
tion. The fund thus realized shall be applied first, 
to the payment of the costs incurred, then to the, 
payment of the penalty imposed, and the remainder, 
if any, shall be returned to the owner or owners of 
the property so seized and sold: Provided, That the 
fact that imprisonment is suffered by any person con- 
victed of violating the provisions of this act, shall not 
prevent the sale of all guns and hunting paraphernalia 
so seized, and the application of the fund thus real- 
ized to the purposes before mentioned. 

Section 4. "An act requiring non-resident gunners 
to secure a license before hunting in the Common- 
wealth of Pennsylvania, and providing penalties for 
violations of its provisions," approved the twenty- 
fourth day of April, Anno Domini nineteen hundred 
and one, be and the same is hereby repealed. 

Approved— The 14th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



AN ACT 



April 15, 
1903, P. L. 
19S. 



To prohibit the discharge of flobert rifles, air guns, 
spring guns, in cities and boroughs of this Com- 
monwealth. 



Flobert 
rifles, air 
guns and 
spring guns, 
Unlawful to 
discharge in 
streets or 
alleys. 

Fine. 



Section 1. Be it enacted, &.c. , That six months 
after the passage of this act it shall be unlawful 
for any person to discharge, on the streets or alleys 
of any city or borough in this Commonwealth, a 
flobert rifle, air gun, spring gun, or any implement 
which impels with force a metal pellet of any kind. 

Section 2. Any person violating this act shall be 
arrested, and fined in the sum of five dollars before 
any committing magistrate ; and for the second 
offense, shall be fined in the sum of fifteen dollars 
and may undergo an imprisonment in the county 



GAME, FISH AND FORESTRY LAWS. 



23 



jail for a period not less than ten days and not ex- 
ceeding thirty days, the person so offending to pay 
all costs of prosecution. 
Approved— The 15th day of April, A. D. 1903. 
SAML. W. PENNYPACKER. 



AN ACT 

Fixing- the liability for record costs, in cases where April 16, 

officers, whose duty it is to enforce the game laws 1903, P. L. 

of this Commonwealth, fail, for any legal cause, ^is. 
to receive the same from the defendant. 



Section 1. Be it enacted, &c.. That from and after 
the passage of this act, whenever any officer of this 
Commonwealth, whose duty it is by the laws of this 
State to protect our game, our song or our insec- 
tivorous birds, shall in good faith, bring suit for vio- 
lation of any of the laws relative to these subjects, 
and for any legal cause shall fail to recover the costs 
of record, the same shall be a charge upon the proper 
county, and shall be audited and paid as are costs 
of like character in said county. 

Approved— The 16th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



Officers 
whose duty 
it is to en- 
force game 
laws. 

Record 
costs. 

The county's 

liability 

therefor. 



AN ACT 



Making it wilful trespass to hunt, trap and take 
game birds or game animals upon cultivated lands, 
and providing for the punishment of such tres- 
pass. 

Section 1. Be it enacted, &c.. That on and after 
the passage of this act, any person or persons tres- 
passing on any cultivated lands in this Common- 
wealth, for the purpose of hunting and trapping and 
taking therefrom any game birds or game animals, 
after public notice by the owner, lessee or occupant 
thereof, such notice to be posted on, and adjacent 
to such cultivated lands, shall be guilty of wilful 
trespass, and in addition to the damages recoverable 
by law shall be liable to the owner, lessee, or occu- 



July 9, 1901, 
P. L. 612. 



Hunting and 
trapping of 
game birds 
and animals 
on inclosed 
or cultivated 
lands. 



Trespass. 
Fine. 



24 



GAME, FISH AND FORESTRY LAWS. 



Warrant. 



Hearing. 



Fine. 



PMialty. 



Appeal. 



Trial. 



pant in a penalty not exceeding five dollars for each 
and every such offense. 

Section 2. Any justice of the peace or alderman, 
upon information or complaint made before him, by 
affidavit, of the violation of the provisions of this 
act by any person or persons, is hereby authorized 
and directed to issue his warrant, under his hand 
and seal, directed to any constable or warden of the 
county, to cause such person or persons to be ar- 
rested and brought before said justice or alderman, 
who shall hear and determine the guilt or innocence 
of the person or persons so charged ; and if con- 
victed of such wilful trespass, shall be sentenced, 
by such justice or alderman to pay a penalty, not 
exceeding five dollars, together with costs , one-half of 
such penalty shall be paid to the owner, lessee or 
occupant of said land and the remaining half to the 
school district of the city, borough or township 
wherein such offense was committed ; and if the per- 
son or persons, so convicted and sentenced, shall 
neglect or refuse to pay such penalty and costs, or 
secure the payment thereof within ten days, he or 
they shall be committed to the common jail of the 
proper county for a period not exceeding three 
months . 

Section 3. If any person or persons, convicted and 
sentenced under the provisions of this act, shall feel 
aggrieved thereby, he or they may appeal to the court 
of quarter sessions of the peace for the county in 
which the offense was committed, by entering into 
recognizance, with sureties to be approved by the 
justice or alderman, to appear before said court; 
which court shall hear the evidence and determine 
the guilt or innocence of the person or persons so 
charged, and on conviction of the defendant or de- 
fendants charged and a failure to pay such penalty 
and costs imposed by the act, shall commit said de- 
fendant or defendants to the common jail of the 
county, for a period not exceeding three months. 

Approved— The 9th day of July, A. D. 1901. 

WILLIAM A .STONE. 



•This is not a game law and is published in this pamphlet 
only as a matter of information to sportsmen. See trespass 
Act on page 25. 



GAME, FISH AND FORESTRY LAWS. 



AN ACT 



Making it unlawful to trespass upon land posted as 
private property, and providing the penalty thereof. 

* Section 1. Be it enacted, &c.. That from and 
after the passage of this act, it shall be unlawful 
for any person wilfully to enter upon any land, 
within the limits of this Commonwealth, where the 
owner or owners of said land has caused to be promi- 
nenty posted upon said land printed notices that the 
said land is private property, and warning all per- 
sons from trespassing thereon, under the penalty pro- 
vided in this act. 

Section 2. Every person violating the provisions of 
this act shall be liable to a penalty of not exceeding 
ten dollars, together with the costs of prosecution, to 
be recovered before any magistrate or justice of the 
peace as fines and penalties are by law recoverable ; 
and, in default of payment of said fine and costs, the 
party convicted shall be committed to the county 
jail of the proper county^, for one day for each dol- 
lar of fine imposed. 

Section 3. All penalties recovered under this act 
shall be paid to the school fund of the district in 
which the trespass was committed. 

Approved— The 14th day of April, A. D. 1905. 

SAML. AV. PENNYPACKER. 



April 14, 
1905, P. L. 



Trespass. 



Pine and 
penalty. 



♦This is not a game or fish law and is printed in this 
pamphlet only. as a matter of information to sportsmen. 

AN ACT 



To provide for the appointment of special deputy APJ^* J^' 
game protectors, for the Commonwealth of Penn- 201 ' ^^ 
sylvania, and defining their duties and powers. 

Section 1. Be it enacted, &c., That from and after special 
the passage of this act, the Board of Game Com- deputy game 
missioners of this Commonwealth shall be empowered protectors, 
to appoint, at their discretion, competent men 
throughout the Commonwealth, to be known as 
special deputy game protectors, who in all ways 



26 



GAME, FISH AND B^ORESTRY LAWS. 



Rights and 
powers. 



shall possess the rights and powers now given by 
law to game protectors, and be subject to all re- 
quirements and regulations, either of the law or of 
rules of the Board of Game Commissioners, con- 
trolling the action of such game protectors in this 
Commonwealth: Provided, Such special deputy game 
protectors shall in no way be entitled to recompense 
from either the county or Commonwealth for ser- 
vices rendered or expenses incurred in the perform- 
ance of their duties. 
Approved -The 18th day of April, A. D. 1905. 

SAML. W. PENNYPACKER. 



Mav 11, 
IPOi. P. L. 
451. 



Game pre- 
serves on 
forest reser- 
vations. 



AN ACT 

Authorizing the Board of Game Commissioners of 
the Commonwealth of Pennsylvania to establish and 
maintain, within the Forestry Reservations of this 
Commonwealth, preserves for the protection and 
propagation of deer, wild-turkey, partridge, quail, 
woodcock, and wild-pigeons, and making an ap- 
propriation for the purpose of stocking and propa- 
gating the same. 

Section 1. Be it enacted, &c., That it shall be 
lawful for the Board of Game Commissioners of 
the Commonwealth of Pennsylvania, by and with the 
consent of the Commissioners of Forestry, to establish 
within the State Reservations public game-preserves, 
for the protection and propagation of deer, wild- 
turkey, partridge, quail, woodcock and wild-pigeons, 
subject to such regulations as may be established by 
the Board of Game Commissioners. 

Approved— The 11th day of May, A. D. 1905. 

SAME. W. PENNYPACKER. 



GAME, FISH AND FORESTRY LAWS. 



AN ACT 

Giving additional protection to the game of the State 
and wild birds, within the limits of "preserves" 
created under the provisions of the act of May- 
eleventh, one thousand nine hundred and five, and 
under the control of the Board of Game Commis- 
sioners ; and prescribing penalties for violation of 
its several provisions. 

Section 1. As amended by the act of June 15, 
1911, P. L. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, there shall be a per- 
petual close season for game of all kinds and wild 
birds found upon such tracts of land, within the 
Forestry reservations of the Commonwealth as 
may be set apart by the Board of Game Commis- 
sioners, with the consent of the Commissioner of 
Forestry, as preserves or refuges for game and 
wild birds, according to law; Provided, Said tracts 
of land shall be surrounded by a well defined fire line, 
or cleared strip of land, and by at least one wire at 
the boundary thereof, and with notices reading, 
"State Game Refuge: Hunting is Unlawful," posted 
on said boundary at conspicuous places ; And pro- 
vided further, That the greatest transverse dimen- 
sion of any of said tracts shall not exceed ten miles: 
And provided further. That no such tract set aside 
as a preserve or refuge, shall exceed in area one-half 
of the total area of the tract of land of the Forestry 
Reservation upon which it may be located. 

Section 2. That it shall be unlawful to hunt for 
or catch or kill or wound or drive, or attempt to 
catch or kill or wound or drive, any animal or any 
wild bird within the limits of such preserve, estab- 
lished in the Commonwealth, or for any person to 
carry firearms within the limits of such preserve, or 
to take a dog of any kind upon such preserve, or to 
go either with or without firearms upon such pre- 
serve, during what is known as the open season for 
game in this Commonwealth. 

Section 3. Each and every person violating any 
provision of this act shall be liable to a penalty 
of twenty-five dollars for going upon said land at a 
time, for a purpose, or in a manner prohibited by this 



Anril 15, 
1907, P. L. 
73. 



Proviso. 



Proviso. 



Hunting, 
etc., for- 
bidden. 



Carry of 
fire-arms, 
etc. 



Violations. 



Pine and 

penalty. 



GAME, FISH AND FORESTRY LAWS; 



act, or suffer an imprisonment in the common jail 
of the county for a period of one day for each dollar 
of penalty imposed. 

Each and every person violating any of the pro- 
visions of this act, by the killing or wounding of 
game within the limits of such preserve, shall be 
liable to a penalty of one hundred dollars for each 
deer killed or wounded, fifty dollars for each bear 
killed or wounded, and twenty-five dollars for each 
ruffed-grouse, wild-turkey or quail killed or wounded; 
or suffer imprisonment in the common jail of the 
county for a period of one day for each dollars of pen- 
alty imposed; Provided, That nothing in this act shall 
be construed to prevent any citizen of this Common- 
wealth from going upon said lands, without firearms, 
at any time during what is known as the close season 
for game in this Commonwealth ; or to prevent any 
member of the Department of Forestry, or to prevent 
any member of the Board of Game Commissioners, or 
any employe of either of these before-named bodies, 
from going upon said lands in any manner, at any 
time, with firearms or otherwise, for the purpose of 
fighting fire, or for any purpose in compliance with 
the requirements of their official duty. 

Section 4. Each and every magistrate, alderman, 
and justice of the peace of this Commonwealth shall 
have the power of summary conviction in all matters 
pertaining to the enforcement of any of the pro- 
visions of this act ; and all actions for violation of 
any of said provisions, excepting where the defendent 
is taken in the act or in a pursuit immediately fol- 
lowing said act, shall be commenced by affidavit made 
within one year of the time of the commission of 
such offense. Each and every magistrate, alder- 
man, or justice of the peace, on complaint made be- 
fore him, by the affidavit of any person, of a viola- 
tion of any of the provisions of this act by any per- 
son, is hereby authorized and required to issue his 
warrant, under his hand and seal, directed to any 
constable, police officer, game protector, deputy game 
protector, or any other peace officer of the State 
whose duty it is to protect the game or wild birds 
of the State, and to cause such person to be brought 
before him, the said magistrate, alderman, or justice 
of the peace, who shall hear the evidence and deter- 
mine the guilt or innocense of the person charged. If 



GAME, FISH AND FORESTRY LAWS. 



29 



the accused be convicted of such offense, he shall be 
sentenced to pay the penalty prescribed by the section 
violated, together with the costs of suit. All penalties 
collected in cases where the prosecutor is a game pro- 
tector shall be immediately surrended by the court re- 
ceiving the same to such prosecutor, who in turn shall, 
as sson as may be, either deliver or forward 
such amount to the secretary of the Game Com- 
mission, who shall deposit the same in the 
State Treasury, for the use of the Common- 
wealth. Whore any other than a game pro- 
tector is the prosecutor, one-half of any penalty thus 
collected shall belong to such prosecutor, and shall be 
paid to him by the court receiving same, and the 
remaining one-half of such penalty shall be forwarded 
by such court to the county treasurer of the county in 
which the offense was committed, together with a 
statement of the cause for which said money was 
collected. It shall be the duty of each county treas- 
urer to keep a record of the cause for which said 
money was collected, and to forward the same, at 
least once a month, to the State Treasurer, for the 
use of the Commonwealth. Any defendant refusing 
to pay the penalty imposed, together with the costs 
of prosecution, shall be committed to the common 
jail of the county, for a period of one day for each 
dollar of penalty imposed, unless he shall enter into 
good and sufficient recognizance, with one or more 
sureties, to answer such complaint, on a charge of 
misdemeanor, before the court of quarter sessions 
of the peace in and for the county in which the of- 
fense was committed; which said court, on the con- 
viction of the defendant of such ofiense, and upon his 
failure to pay the penalty imposed, together with the 
costs of prosecution, shall commit such defendant to 
the common jail of the county for a period of one day 
for each dollar of penalty imposed: Provided, That 
any person charged with a violation of any provision 
of this act may, at his discretion, sign an acknowl- 
edgment of the offense committed, and pay to the 
duly authorized and sworn game protector, or 
deputy game protector the penalty in full, as fixed 
by the section violated, with costs to that date; 
and the printed receipt which he shall receive there- 
for, and which in all instances shall bear the im- 
print of the seal of the Board of Game Commis- 



Convictions. 



Disposition 
of tiues. 



Duty or 

county 

treasurers. 



Eefusal to 
pay. 



Penalty. 



Commit- 
ment. 



Receipt. 



30 



GAME, FISH AND FORESTRY LAWS 



sioners and the signature of its secretary, shall be 
evidence of a full satisfaction of the offense com- 
mitted . 
Hftpeai. Section 5. All acts or parts of acts inconsistent 

with the provisions of this act are hereby repealed. 
Approved— The 15th day of April, A. D. 1907. 
EDWIN S. STUART. 



May 31, 
1907, P. L. 
329. 



Automatic 
guns. 

Killing of 
game. 

Violations. 

Penalty. 



Summary 
conviction. 



AN ACT 

Prohibiting the use of automatic guns, for the kill- 
ing of game or wild birds within this Common- 
wealth, and prescribing a penalty for violation of 
its provisions. ^ 

Section 1. Be it enacted, &c., That from and 
after, the passage of this act, it shall be unlawful for 
any person to use what is commonly known as an 
automatic gun for the killing of game in this Com- 
monwealth. Each and every person violating any 
provision of this section shall be liable to a penalty 
of fifty dollars for each offense, or shall suffer an 
imprisonment in the .common jail of the county for 
a period of one day for each dollar of penalty im- 
posed . 

Section 2. Each and every magistrate, alderman, 
and justice of the peace, within this Commonwealth, 
shall have the right of summary conviction in all 
matters pertaining to violation of the provisions of 
this act ,and all prosecutions for violation of any 
of its provisions shall be conducted, and the penalties 
disposed of, in manner and form as is pow pre- 
scribed by law for violation of the game laws of 
this Commonwealth. 

Approved— The 31th day of May, A. D. 1907. 
EDWIN S. STUART. 

This act is constitutional and is the law. See 
opinion Superior Court case of Commonwealth vs. 
Thos. W. McComb, No. 148 October term 1908. 
Superior Court of Pennsylvania. Appealed from 
Delaware county. 

39, Pa. Superior Court 411; 227 Pa. Supreme 
Court 377; citation pages of this pamphlet. 



GAME, FISH AND FORESTRY LAWS. 



31 



AN ACT 



To provide for the protection and preservation of 
game, game-quadrupeds and game-birds, and song 
and insectivorous and other wild birds, and prescrib- 
ing penalties for violation of its several provisions. 

Section 1. Be it enacted, &c.. That there shall 
be no hunting or shooting on the first day of the 
week, called Sunday, and any person offending 
against the provisions of this section shall be liable 
to a penalty of twenty-five dollars for each and every 
offense . 

Section 2. That the time during which game of 
this Commonwealth may be legally taken, killed, 
caught, or trapped shall be known as the open season, 
and the time during which game may not be legally 
taken, killed, caught, or trapped shall be known 
as the close season, for game in this Commonwealth; 
and in the designation of seasons and other periods 
under this act, and under all other laws of this State 
for the protection of game, such open season or period 
shall include the first day of date mentioned in the 
designation, but shall not include the last date men- 
tioned . 

Section 3. Whenever in this act the word per- 
son is used, such word shall be taken to include 
every person, firm, partnership, institution, asso- 
ciation, or corporation, or the agent or agents thereof. 
All words or terms in this act which refer to persons 
or individuals, and which are in the singular number, 
shall be taken to include the plural number, and the 
words of the plural number shall include the singular 
number. All words of a masculine gender shall be 
taken to include the feminine gender. 

Section 4. Whenever, because of a violation of 
any provisions of this act, a person shall be con- 
victed for a first offense and a penalty be imposed 
and the defendant shall neglect or refuse to im- 
mediately pay said amount together with the costs 
of prosecution, in lawful money of the United States, 
he shall be at once committed to the common jail 
of the county for a period of one day for each dollar 
of penalty imposed, unless he shall enter into good 
and sufficient recognizance to pay said penalty and 
costs within a period of ten days after the date of his 
said conviction, or shall certiorari the proceedings. 



Hunting or 
shooting on 
Sunday pro- 
liibited. 



Open season. 



Close sea- 
sou. 



"Person" 
defined. 



Singular 
and plural. 



Gender. 

First offense 
and refusal 
to pay. 



Penalty. 
Bail. 



32 



GAME, FISH AND FORESTRY LAWS 



Appeal. 



Subsequent 
oflfense. 



Where pro- 
Tisions of 
act shall 
not apply. 



or shall carry the case to a higher court on appeal, 
as provided for in this act. For the second or any 
other offense, the defendant shall, in addition to the 
penalty prescribed for the first offense, suffer an im- 
prisonment of one day in jail for each dollar of penalty 
imposed; Provided, That in every case of a con- 
viction for violation of any provision of this act, 
wherein a defendant suffers imprisonment in lieu of 
a cash payment of the penalty imposed, all traps, 
guns, shooting paraphernallia, boats, decoys, and 
other appliances used in violation of the law^, and 
found or proven to have been either in possession 
or under control of the defenadnt at the time of such 
violation, shall be, and they are hereby, declared 
forfeited to the Commonwealth of Pennsylvania, and 
shall be sold under the direction of the Board of 
Game Commissioners ; and the money thus secured be 
applied by them, first, to the payment of the costs 
incurred, and the balance be deposited with the 
State Treasurer, for the use of the Commonwealth. 
The defendant being entitled to a credit of one day 
off his imprisonment for each dollar so deposited for 
the first oft'ense only. 

Section 5. The following shall be considered game- 
birds in this Commonwealth: The Anatidae, com- 
monly known as swan, geese, brant, and river and 
sea-ducks, and the Pygopodes, known as loons and 
grebes, — the members of these two orders being com- 
monly known as wild water fowl, — the Rallidae, com- 
monly known as rails, coots, mud-hens and gallinules ; 
the Limicolae, commonly known as shore-birds, 
plovers, surf -birds, snipe, woodcocks, sand-pipers, 
tattlers, and curlews; the Gallinae commonly known 
as wild-turkeys, grouse, pheasants, partridges and 
quail ; and the birds known as reed birds . 

Section 6. The game laws of this Commonwealth 
shall not be construed to apply to any public zoo- 
logical garden of the State, or to any public insti- 
tution of the State, wherein animals or birds may 
be maintained alive for educational purposes, or 
for the purpose of scientific study or experiment; or 
to the Board of Game Commissioners of this State, or 
to its duly authorized agent or agents, acting for 
the State ; and no laws of this State shall be held 
to prevent the Board of Game Commissioners, through 
its duly authorized agent, from destroying birds or 
animals destructive of game, in such manner as 



GAME. FISH AND FORESTRY LAWS. 



33 



they may direct. Nor shall the penalties as at- 
tached to any game law of this Commonwealth be 
construed to apply to the agent of any public school 
or museum, legally acting under the provisions of a 
certificate issued by the Board of Game Commis- 
sioners, authorizing the holder thereof to take birds, 
their nests and eggs, for strictly scientific study, as 
provided for in this act, in which case the holders 
of such certificates shall be limited to the rights 
and privileges therein named. The said Board of 
Game Commissioners shall be empowered to grant 
certificates, at their discretion, to the agent of any 
public museum in this Commonwealth, or to a 
teacher of ornithology in any school within this Com- 
monwealth, authorizing the holder thereof to take 
birds, their nests and eggs, for strictly scientific study 
or for mounting, or to any other person, or for 
propagation purposes, within the State, in accord- 
ance with the following provisions: A certificate to be 
known as an ordinary certificate, may be granted by 
the Board of Game Commissioners to any properly ac- 
credited person and legally authorized to act as 
the agent of any public museum, or to the teacher 
of ornithology in any school, within the Common- 
wealth, residing in this Commonwealth, permitting 
the holder thereof to collect wild birds other than 
game birds, their nests and eggs, within this Com- 
monwealth, for strictly scientific study and mounting, 
but not for sale or exchange, or shipment from or 
removal out of this Commonwealth, without the 
written consent of the president of the Board of 
Game Commissioners. The number of birds that 
may be taken under a certificate of this character 
shall be limited to eight of each species, with nests 
to the number of two, and the eggs found therein. 
In order to secure this certificate, the party desiring 
the same shall file with the secretary of the Board of 
Game Commissioners, at Harrisburg, a petition asking 
that such privileges be granted him. Each and every 
person desiring to practice taxidermy for profit, 
within this Commonwealth, shall, before beginning 
such practice, secure from the secretary of the Board 
of Game Commissioners of this State a certificate au- 
thorizing him to act thus ; and the possession of such 
certificate shall authorize such person to receive from 
persons who have legally taken the same, within the 



When pen- 
alties shall 
not attach. 



Granting of 
certificates. 



Ordinary 
certificates. 



Limitations. 



Taildermy 
for profit. 



Certificates. 



34 



CiAME, FISH AND FORESTRY LAWS. 



Report. 



Fee. 



Special cer- 
tificate. 



Condition of 
issue. 



Commouwealth, the skin, or any part thereof, of any 
birds or animal found within the Commonwealth, and 
to tan or cure or mount the same, either himself or 
through any legitimate employe ; and to tan or cure or 
mount the skin, or any part thereof, of any game-bird 
or game-animal, legally killed by himself or given 
to him by anyone who has legally killed the same; 
and to sell such mounted specimen, only after written 
permission to so do has been procured from the presi- 
dent of the Board of Game Commissioners of this 
Commonwealth: ' Provided, The holder of a certi- 
ficate authorizing the practice of taxidermy shall be 
required, before a second or any other certificate shall 
be issued to him, to file with the secretary of the 
Board of Game Commissioners at Harrisburg, an 
itemized statement in wa'iting, under oath, of all 
skins or parts thereof, either of game-birds or game- 
animals, killed by himself or presented to him, 
and sold by him under the provisions of his certi- 
ficate, with the name and place of residence of the 
person from whom the same were received ; and shall 
also answer truthfully and without evasion any 
question relative to violations of the game-laws of 
the State, by any person other than himself, that 
may be asked him by an officer of the said Board 
of Game Commissioners of this Commonwealth. A 
failure to so report or to answer the questoins asked 
under the provisions of this section, shall be con- 
sidered a just cause for refusal, upon the part of 
the Board of Game Commissioners, to renew the 
certificate of any taxidermist in this Commonwealth. 
The before-mentioned petition shall be accompanied 
by the written statement of at least two well known 
citizens of the community in which said applicant 
may reside, certifying to the good character and 
fitness of said applicant to be entrusted with said 
authority. Said applicant shall pay to the secre- 
tary of said board the sum of one dollar for such 
certificate. 

A certificate, to be known as a special certificate, 
to take birds for strictly scientific study, may be 
issued by the Board of Game Commissioners, and 
shall be controlled by the same conditions and re- 
quirements as the ordinary certificate, excepting 
that such certificate may be issued only to a per- 
son of known scientific attainment in ornithology ; 
in which case the holder thereof shall be authorized 



GAME, FISH AND FORESTRY LAWS. 



3o 



to take the wild birds and animals of this State, 
without limitation, for strictly scientific study or 
experiment, but not for sale or exchange, or ship- 
ment from or removal out of the State, without 
the written permission of the president of the Board 
of Game Commissioners. Persons having a certi- 
ficate, and taking a greater number of birds, nests 
or eggs than is permitted by this act, or the shipping 
of the same out of the State, or the sale of skins or 
parts thereof, either mounted or otherwise, excepting 
as herein provided, or in any mnunf'i' violating any 
provision of this act, shall be subject to the penalties 
prescribed by existing law, in the same manner and 
to the same extent as though no certificate had been 
issued. Upon the conviction of the principal, therein 
named, of having violated any of the provisions of 
this section relative to either of these certificates, the 
certificate becomes void. Such certificate shall be in 
force for a period of one year from the date thereof, 
and shall not be transferable. 

Section 7. A certificate, to be known as a prop- 
agating certificate, may be issued by the Board of 
Game Commissioners to any accredited person of 
this Commonwealth, of the age of twenty-one years 
or upwards, permitting the holder thereof and his as- 
sistants to breed or raise game-quadrupeds or game- 
birds of any kind in this Commonwealth, both or 
either, and to sell the same alive for propagating pur- 
poses, or to sell the dead bodies of game-quadrupeds 
for profit, under the following restrictions and regu- 
lations: Any person or corporation or association 
desiring to operate a propagating plant for game, in 
this Commonwealth, shall file with the secretary of 
the Board of Game Commissioners, at Harrisburg, a 
peition asking for this privilege. In all cases where 
the premises intended to be used for this purpose are 
under the control of a company or association, the 
petition shall bear the name of the president of such 
body, and the certificate shall be issued in his name. 
This petition shall be accompanied by a written de- 
scription of the premises to be used for such pur- 
pose, with its location. Which said premises, for 
the purpose of this act, in the matter of the raising 
of small game, may be in such form as to the 
operator thereof seems best suited to his purposes. 
But in the matter of the raising of deer or other 
large game, the preserve shall in all cases be sur 



violations. 



Penalty. 



Forfeit. 



Term of 
certificate. 



Propagating 
certificate. 



Petition. 



36 



GAME, FISH AND FORESTRY LAWS, 



Term of 
certificate. 



Fee. 



Bond. 



Record shall 
be kept. 



Annual 

statPMfnt. 



rounded by a wire fence, of approved pattern for 
game preserves, with a height of not less than eight 
feet, so constructed and maintained as to absolutely 
prevent wild deer from jumping into said preserre 
or in any manner passing into said preserve from 
the outside. It being also distinctly understood, that 
before the fence surrounding any preserve of this 
character shall be completed or closed, all wild deer 
that may be found upon said territory be, as far as 
possible, driven therefrom by the owner of such 
lands, under the direction and supervision of an 
officer of the Game Commission. 

The certificate herein provided for shall be .i;ood 
for one year from the date thereof, and shall be 
transferable only at the discretion niul under con- 
ditions that may be prescribed by the Board of 
Game Commissioners. The bond hereinafter pro- 
vided for shall be forfeited to the Commonwealth, 
and the certificate to become void, upon the con- 
viction of the principal, therein named, of having 
violated any of the provisions of this section, or 
having knowingly or negligently permitted any one 
to violate any of the game laws of this Common- 
wealth, on said premises. 

Upon notification of the favorable consideration 
of this petition, by the Board of Game Commis- 
sioners, the applicant shall pay to said secretary, 
for the use of the Commonwealth, the sum of one 
dollar, and file a duly executed bond, properly se- 
cured, in the sum of five hundred dollars, conditioned 
for the faithful keeping, upon the part of the principal 
therein named and his employes upon said premises, 
of all of the provisions of this section and all other 
game-laws of this Stote. He shall keep, as nearly 
as possible, a just arid true account, in a book to be 
kept for that purpr»se only, of all game raised on 
said premises ; a just and true account of all game 
brought to said premises from outside of the pre- 
serve, the number of birds or animals with the time 
they were received, the place from whence they were 
shipped, and the name of the shipper. He shall 
keep a strict sccount of all game sold, its character, 
the number of birds or quadrupeds, the time and 
manner of sliipmont, with the name and address 
of the purchaser ; and shall file with the secretary 
of the Board of Game Commissioners, at Harris- 
burg, an itemized statement from the before-named 



GAME, FISH AND FORESTRY LAWS 



37 



book account, at the close of every twelve month, be- 
ginning with the date of the certificate. Data thus 
collected by the Board of Game Commissioners shall 
be held strictly confidential, and shall be used by 
said board only for the purpose of satisfying them- 
selves that the law relative to this subject is being 
obeyed within said preserve, or as evidence in cases 
where they are satisfied the law is not being obeyed. 
This book, together with the premises described and 
all game thereon, shall be open to inspection upon 
demand of any member of the Board of Game Com- 
missioners of this State, or of its secretary, or to 
any game protector, upon the presentation by such 
game protector of written instructions from the sec- 
retary of the Board of Game Commissioners, direct- 
ing him to thus inspect such plant ; and the re- 
fusal of any person holding a propagating certificate 
to permit such inspection by any of the officers above 
named, or the neglect or refusal upon the part of said 
holder of such certificate to comply with the rea- 
sonable request of the secretary of the Board of 
Game Commissioners, in any matter pertaining to 
said plant in which the said board has a legal right 
to be heard, shall be sufficient cause for refusal upon 
the part of said board to renew any propagation 
certificate in this Commonwaelth. All boxes or 
crates, or packages of any description, in which small 
game may be shipped or removed from said premises, 
shall, before removal therefrom, have attached thereto 
a card, to be supplied by the Board of Game Com- 
missioners, upon which shall be plainly written, in 
the blank spaces left for that purpose, the name 
and address of the purchaser, with the contents of 
the box, crate or package: Provided, That where 
deer, or any animal classed as large game in this 
Commonwealth, shall be raised in a preserve, under 
the provisions of this section, they may be sold or 
given away, and shipped alive from said enclosure 
for propagating purposes, at any time of the year, 
of either sev, and in any number, when properly 
marked ; and may be killed within said enclosure, for 
sale or gift without regard to sex or numbers, only 
during the open season for wild deer within the Com- 
monwealth, and for thirty days thereaftei ; and may 
be shipped from said preserve, and sold anywhere 
within the Commonwealth during the open season 
for deer within the Commonwealth, and for thirty 



Boxes, 
crates, etc. 
shall be 
tagged. 



Deer and 
large game. 



Killing and 
shipment. 



GAME, FISH AND FORESTRY LAWS. 



Restrictions. 



Tag or 
marker. 



Attachment 
of tag. 



Forwarding 
of duplicate. 



Forwarding 
of tag. 



Failure to 
comply. 



Penalty. 



Unlawful 
removal or 
mutilation 
of tag. 



days thereafter, under the following restrictions: Be- 
fore any deer, or large animal classed as large game 
in this Commonwealth, shall be removed or shipped 
from any propagating plant within this Common- 
wealth, there shall first be attached to either the crate 
or box in which the animal is shipped or to the animal 
itself, a tag or marker, in such form as may be 
decided upon by the Board of Game Commissioners 
of this Commonwealth, which said tag or marker 
shall be supplied by said Board at cost, upon demand 
made by -my person legally operating a propagating 
plant w'fhin this Commonwealth. These tags or 
markers shall be issued in duplicate, and it shall be 
the duty of any person raising and selling, or ship- 
ping, such deer or large game animal, to attach to 
either the crate or box in which a live animal is 
shipped, or to the body of a dead animal raised in 
such preserve, one of these tags or markers, and 
to forward the duplicate thereof at once to the 
Board of Game Commissioners, at Harrisburg. The 
tag or marker so attached to either crate or box or 
animal, shall remain thus attached until the living 
animal is released from the crate or box, or the dead 
body of the animal is cut up for retail purposes or 
final consumption ; after which the tag or marker 
shall be removed from the crate or box, or remainder 
of the carcass, by the person finally disposing of the 
animal, and shall be at once forwarded to the Board 
of Game Commissioners, at Harrisburg. Each and 
every person failing to comply with the requirements 
of this section, in the matter of attaching tags or 
markers before shipment of animals, shall, upon 
conviction, be sentenced to pay a penalty of one 
hundred dollars for each offense. And each and 
every person failing to comply with the requirements 
of this section, in the matter of returning to the 
Board of Game Comissioners the tags so affixed, shall, 
upon conviction, be sentenced to pay a penalty of 
ten dollars for each offense. 

Section 8. It shall be unlawful for any person 
within this Commonwealth to wilfully or wantonly 
remove or mutilate or destroy any tags or marker 
so affixed to any crate or box or animal in com- 
pliance with the requirements of this act, at any 
time or at any place, within the Commonwealth, 
except as designated by this act, or by authority 
of the consignor or consignee of such game, or of 



GAME, FISH AND FORESTRY LAWS. 



some ^officer of somo court of this Commonwealth, 
or of * some game protector of the Commonwealth. 
Each and every person violating any provision of 
this section shall, upon conviction thereof, be sen- 
tenced to pay a penalty of fifty dollars for each tag 
or marker wantonly removed, mutilated or destroyed. 

Section 9. It shall be unlawful for any person 
within this Commonwealth to wilfully use any such 
tag or marker, prescribed by this act, from the pur- 
pose of protecting or carrying game of any kind 
killed outside of licensed preserves within this Com- 
monwealth, or for the purpose of protecting, or carry- 
ing a second shipment of game from any such 
licensed preserves within this Commonwealth. Each 
and every person convicted of such offense shall be 
sentenced to pay a penalty of one hundred dollars 
for each tag used in violation of the provisions of 
this section. 

Section 10. As amended by the act of April 22nd, 
1913, P. L. 

Section 10. It shall be unlawful for any person 
within this Commonwealth, except as provided for in 
this act, to at any time shoot at, or wound, or 
take, or kill any wild bird other than a game-bird, 
or to have such bird or part thereof in possession, ot- 
to have any part of the plumage or skin thereof in 
possession or under control, for purposes of sale, or 
to offer or expose the same for sale, within this 
Commonwealth ; or to transport or ship or remove, or 
attempt to transport or ship or remove, from this 
Commonwealth, for any purpose, such bird or any 
part of the plumage or shin thereof; or to have such 
bird in possession or under control, for sale; or to 
sell or to offer to sell, within this Commonwealth, 
either living or dead, any wild bird other than a 
game bird, or any part of the plumage or skin thereof , 
of a kind found either in a wild state in this Com-^ 
monwealth or that may have been brought into this 
Commonwealth from another State or country, and 
which belong to the same family as those found in 
a wild state in this Commonwealth. 

Whoever shall violate any provision of this section 
shall be liable to a penalty of ten dollars for each 
tvild tird shot at, wounded, or killed, or taken, or 
had in possession, transported, shipped or removed, 
or attempted to be transported, shipped or removed, 
out of this Comonwealth, or for any part thereof, in 
any manner taken or held, for a purpose contrary to 



Penalty. 



Unlawful 
use of tag. 



Wild birds 
other than 
same-birds. 



Plumage or 
skins. 



Wounding, 
killing, 
sliipment, 
sale, etc. 



40 



GAME, FISH AND FORESTRY LAWS, 



Sale or bar- 
ter. 



Possession 
for sale. 



Shipment 
for sale. 



Penalty. 



Unprotected 
birds. 



Proviso. 



Imported 
game. 



Pheasant 
and Belgian 
hare. 



Legal pos- 
session. 



any of the provisions of this act, such Mrd })eing 
of a kind found in a icild state in this Commonwealth j 
and any person, acting either for himself or as the 
agent or representative of another, who shall sell 
or tarter, or who shall attempt to sell or barter, or 
tvho shall have in possession for sale or tarter, tvithin 
this Commonwealth; or who shall ship or remove, or 
cause to be shipped or removed, out of this Common- 
wealth, for sale or barter, a tvild bird, either living 
or dead, or the skin or the plumage ,or any part of 
such bird, or skin, or plumage, of a kind belonging 
to the same family as those birds found in a wild 
state in this Commonivealth; shall be liable to at 
penalty of tioenty dollars for each bird, or bird skin, 
or bird plumage, or any part thereof, sold, offered 
for sale, had in possession for sale, or in any manner 
removed out of this Commomvealth for sale, contrary 
to the provisions of this section: Provided however. 
That the blue jay, the English sparrow, the European 
startling, the kingfisher, the buzzard, sharp-shinned 
hawk, Coopers hawk, goshawk, duck hawk, pigeon 
hawk, the great-horned owl, the barred owl, and 
the crow, shrill not be protected by any law of this 
Commonwealth, and may be killed at any time: And 
provided further. That the otvner or operator of a 
public or private plant, in which fish are artificially 
raised or retained, shall have the right to kill any 
great blue heron, night heron, or green heron, when 
such birds are caught in the act of destroying their 
fish; and that nothing in this act shall prevent the 
possession or sale alive, within this Commonwealth, 
of either game-birds or game-animals that have been 
imported for propagating purposes ; or to prevent at 
any time the purchase or sale within this State, or 
the shipment out of the State, of live English, mon- 
golian or Chinese pheasants, or Belgian hares, raised 
in captivity, that are shipped from such place of con- 
finement without being first released or set at liberty 
in this Commonwealth ; or to prevent the possession of 
the tanned skin, or any part thereof, of any wild 
animal legally taken in this Commonwealth, or 
brought into this Commonwealth from any other 
State or country, from which the same was legally 
imported ; or the possession of any part of a wild 
bird legally taken in this Commonivealth, or captured 
elsewhere and legally imported into this Common- 
wealth from any other State or country, for pur- 



GAME, FISH AND FORESTRY LAWS, 



41 



poses of study or exhibition, or for any other purpose; 
hut not for sale; Provided, That no penalty, 
as provided for hy this act for the sale of feathers 
taken from wild birds not fou7id in a wild state 
in this Commonwealth, shall he imposed for either 
the sale of such feathers within the Commonwealth, 
or for the shipment of such feathers out of the Com- 
monwealth, prior to July first, one thousand nine 
hundred and fourteen. 

Section 11. It shall be unlawful for any person 
to bring, or in any manner to have transported, in- 
to this Commonwealth, from any other State or 
country, any living specimen, or any egg thereof, 
of the bird known as the European startling, or any 
other bird or any living animal the importation of 
which is prohibited by the National Secretary of 
Agriculture, under the provisions of what is known 
as the Lacey Bill, or of any other law of this 
Nation, or to release within this Commonwealth any 
fox, wild-cat, mink, or weasel, brought into this 
State from another State. Whoever shall violate 
any of the provisions of this section shall be sentenced 
to pay a penalty of fifty dollars for each bird or 
egg or animal so imported or brought into this State. 

Section 12. Excepting as provided in this act, no 
person within this Common vv^en 1th shall take, or 
have in possession or under control, either the 
nest, or any egg found therein, of any wild bird, 
either game or otherwise protected by the laws of 
this Commonwealth, or shall wantonly' interfere 
with or destroy any such nest or egg. Whoever 
shall offend against any of the provisions of this sec- 
tion shall be sentenced to pay a penalty of ten dollars 
for each nest of a wild bird, other than a game-bird, 
either interfered with or wantonly destroyed ; and 
shall be sentenced to pay a penalty of fifty dollars for 
each nest of a game-bird either wantonly interfered 
with or destroyed . 

Section 13. It shall be unlawfully for any person in 
this Commonwealth, excepting as provided for in 
this act, to take or kill or wound, or have in posses- 
sion, either living or dead, any game-bird or game- 
animal, or any part of such bird or animal, protected 
by this act. 

The open season for woodcock, English, or Chinese, 
ringneck, pheasants ruffed-grouse, Hungarian part- 
ridges. The gray rabbit and hare, gray black and 



Provided. 



Sale of 
feathers. 



Unlawful 
Importation. 



Penalty. 



Nests and 
eggs. 



Penalty. 



Open sea- 
son. 



42 



GAME, FISH AND FORESTiiY LAWS 



Open sea- 
son. 

Grass 

plover rail, 
coot, or 
mud-hen, 

reed-bird, 
sandpiper, 
cuiiew, etc. 



Snipe 

Wild water- 
fowl. 

Violations. 



Penalty. 



Nlfht hunt- 
ing. 

"Night" 
defined. 

Killing ex- 
cept with 
sun. 



fox squirrels, is fixed by the Act of April 18th, 1913, 
page 

The open season for quail or Virginia partridges is 
fixed by the Act of 

Section IL The op^n season for upland or grass 
plover , within this Commonwealth, shall be from the 
fifteenth day of July to the first day of December of 
each year. The open season for raU coot, or mud- 
hen, reed-bird, sf^ndpiper, tattler, curlew, or any 
other shore bird, shall be from the first day of Sep- 
tember to the first day of January next following. 
The open season for Wilson or jack snipe shall be 
from the first day of September to the first day of 
May next following. The open season for all kinds 
of birds known as wild water-fowl shall be from the 
first d ly of Sep-^ember to the tonth day of April next 
following. During which tim^^ such wild water-fowl, 
of all descriptions, and other bi^'ds named in this 
sfction may be killed without -iLiiir. Whoever shall 
shoot at, take, kill, or wound any of the birds named 
in this section, luring the close season for such birds, 
shall, upon conviction, be sentenced to pay a penalty 
of ten dollars for each bird thus shot at, taken, 
killed, or wounded, contrary to the provisions of this 
section . 

Section lo. As amended by the Act of April 6th, 
1911, P. L. 49. 

Section 15. It shall be unlawful to shoot or in- 
jure, or to hunt for or to kill .my of the game-birds 
protected by this act, during the night time. And 
the word "night" shall be construed to mean, that 
time beginning one hour after sundown and extending 
to one hour before the next sunrise following. Or 
to kill game of any kind within this Commonwealth, 
excepting through or by the use of a gun such as 
usiially raised at arm's length and fired from the 

Note: See Sec. 2 of Act' of June ISth, 1»11, page — , for- 
bidding shooting at wild fowl before sunrise of any day. 

Note: A National law taking effect Oct. 1st, 1913, provides 
that no water fowl or other migratory bird shall be killed 
before sunrise or after sunset of any day. This National pro- 
vision controls in all cases where migratory birds are con- 
cerned. 

The open season for wild water fowl under the provisions 
of the National law is from Sept. 1st to Dec. 15th, both days 
inclusive, excepting on the waters of the Ohio river located 
in this State, where water fowl may be killed only during 
the months of November aud December. 



GAME, FISH AND FORESTRY LAWS. 



43 



shoulder. And no person, excepting as provided for 
in this act, shall at any time set, lay, or prepare, or 
use, any trap, snare, net, bird-lime, swivel-gun, 
deer-lick, pitfall, turkey blind, turkey call or pen, 
or to make use of any artificial light, battery, or 
other deception or contrivance or device whatever, 
with intent to catch, take, injure, or kill any of 
the game-birds or game-animals in any of the sec- 
tions of this act mentioned. Excepting that decoys 
and blinds may be used in hunting wild water fowls 
and that rabbits may be taken through the use 
of box traps, and that bear may be taken through 
the use of pens. Whoever shall offend asainst any 
of the provisions of the section shall be liable to a 
penalty of fifty dolars for each and every offense so 
committed. Provided, That every person who shall 
set a bear-pen shall visit such pen at least once in 
every forty-eight hours, unless prevented by sickness 
or storm. Any person violating this provision shall 
be liable to a penalty of ten dollars for each day 
he neglects or fails to visit such pen after the lapse 
of forty-eight hours from the time of his last visit, or, 
in lieu thereof, shall suffer imprisonment in the 
county jail for a period of one day for each dollar 
of penalty imposed. 

Section 16. It shall be unlawful to hunt for or 
pursue, or to follow after, with intent to kill, any 
wild water-fowl protected by law, within this Com- 
monwealth, from or with, or through the use of, 
any craft propelled by any means other than oars, 
pole, or hand-paddle. Any person using a craft or 
boat for such purpose, other than one propelled by 
oars, pole or hand-paddle, or the captain or owner, or 
other person in charge, of such boat or craft, who 
. shall allow or knowingly permit the same to be used 
contrary to the provisions of this section, while he 
is on board, shall be liable to the penalties herein 
imposed. Each and every person who shall violate 
any of the provisions of this section shall be sen- 
tenced to pay a penalty of fifty dollars per day, for 
each day on which any forbidden craft or boat m.:" 
be used to hunt or pursue, or to follow after, with 
intent to kill, wild water fowl; and ten dollars for 
each other contrivance or device set, placed, or 
carried contrary to the provisions of law. 

Section 17. It shall be unlawful for any person 
to catch, take, or kill in any one day, in this Com- 



Traps, 
snares and 
other de- 
vices. 



Exceptions. 

Violations. 
Penalty. 
Proviso. 
Bearpen. 



Penalty. 



Unlaw^ful 
use of water 
craft. 



Penalty. 



44 



GAME, FISH AND FORESTRY LAWS. 



Pheasant, 
woodcock, 
etc. 



Limit. 

Hungarian 
quail. 

Quail, or 

Virginia 
partridge. 

Wild-turkey. 



Violations. 
Penalty. 



Deer. 



Open 
Season. 



Limit. 



Prima facie 
evidence. 



Violations 



monwealth, more than five ruffed-grouse, commonly 
called pheasant, or more than ten woodcock, or 
more than ten English, Mongolian, or Chinese pheas- 
ant ; or more than twenty of either of the above kinds 
in any one week, or more than fifty of any of the 
aforesaid kind in any one season ; or more than five 
Hungarian quail in any one day or more than twenty 
in one week, or more than thirty in any one season; 
or more than ten quail, commonly called Virginian 
partridge, in any one day, or more than forty of 
such birds in any one week, or more than seventy- 
five thereof in any one season ; wild turkey protected 
for two years, counting each week as beginning 
on Monday morning and ending the Saturday night 
following; or to have in possession at any one time, 
within this Commonwealth, more than the number 
above limited for the season, if the same had been 
caught, taken or killed within this Commonwealth. 
Each and every person violating any provision of 
this section shall, upon conviction, be sentenced to 
pay a penalty of twenty-five dollars for each bird 
killed or had in possession contrary to its provisions. 

Section 18. As amended by the Act of May 1st, 
1913. P. L. 

Section 18. It shall be unlawful for any pers n to 
shoot at, or take or kill or wound, or attempt to take 
or kill or wound, any deer in this Commonwealth, ex- 
cept from the tenth day of Novemher to the twenty- 
fifth day of November, inclusive, of the same year; 
or to kill in any one season more than one deer, 
which in every instance shall be a male deer, with 
horns two inches above the hair ; or have a deer so 
killed or taken, or any part thereof, in possession, 
except during said open season and for thirty days 
thereafter: Provided, That the possession of the, 
dead body of a deer, or any part thereof, shall, unless 
the head, bearing horns, be attached thereto, or un- 
less said head, bearing horns, shall be immediately 
produced upon demand made by an ofiicer of the 
Commonwealth whose duty it is to protect the game 
of the State, in all instances, be prima facie evidence 
of a violation of the provisions of this act, and shall 
render the person in whose possession or under whose 
control the same may be found, or may be proven 
to own the same, liable to a penalty of one hundred 
dollars for each offense. Each and every person 



GAME, FISH AND FORESTRY LAWS. 



45 



violating any provisions of this section shall be sen- 
tenced to pay a penalty of one hundred dollars for 
each offense. 

Section 19. It shall be unlawful for any person, 
at any time, to shoot at, or to kill, wound, or cap- 
ture, any deer in the waters of any of the streams, 
ponds, or lakes within this Commonwealth; or for 
any person to make use of a dog in hunting deer 
within this Commonwealth ; and the fact that a dog 
ot any description shall be taken into the woods, 
or shall be had in possession or under control in the 
woods, or shall be cared for or harbored, or permitted 
to remain with any individual, or in the camp of 
any person or persons, who may go to hunt during 
the open season for deer in this State, shall render 
each person in whose care or under whose control the 
dog may be outside of the camp, and each person 
in said camp, liable to the full penalty prescribed 
by law for the unlawful taking or killing of deer 
within this Commonwealth, upon proof duly sworn 
to, that the dog so taken into the woods, or had in 
possession or under control ,or harbored, cared for, 
or permitted to remain with any person or in the 
camp of any person or persons, did, within a radius of 
ten miles from said camp, or from the point wherein 
a dog may be taken by any individual, run after 
pursue, or follow upon the track of any deer or 
fawn for a distance of one hundred yards. It shaU 
be unlawful for any person to make use of what is 
known as buckshot in huntim? deer within this Com- 
monwealth ; or to kill or wound, or attempt to kill 
or wound any deer within this Commonwealth, by or 
with or through the use of a gun propelling or 
emitting more than one pellet, bullet, or ball, at 
such deer, through a single discharge. Any person 
violating any of the provisions of this section shall 
be subject to the penalties provided by this act for 
the unlawful taking or killing of deer during the 
closed season. 

Section 20. Any dog pursuing or following upon 
the track of a deer or fawn within this Common- 
wealth is hereby declared to be a public nuisance. 
Such dog may be killed by any person, when seen 
pursuing or following upon the track of a deer or 
fawn within this Commonwealth ; or by a game- 
protector, deputy game-protector, game-warden. 



Penalty. 



Deer in 
streams, 
ponds, etc. 



Dogs. 



Penalty. 



Buckshot. 

Gnus. 

Violations. 
Penalty. 



Dogs run- 
ning deer. 



Killing ©f. 



46 



GAME, FISH AND FORESTRY LAWS 



Owners' 
bllity. 



lia- 



Notice to 
owner. 



Double pen- 
alty. 



Dogs pur- 
suing game 
or wild 
birds. 



Public 
nuisance. 



Killing of. 



Collar and 
name-plate 



Pursuing 
small game. 



Killing of 
dog. 



forestry-warden, or any other officer of the State, 
whose duty it is to protect any of the game of the 
State, upon affidavit being made by one or more 
persons acquainted with the facts, before an officer 
authorized to administer oaths, that said dog is in 
the habit of, or has been seen or heard running upon 
the track of or pursuing any deer or fawn in this 
Commonwealth, within a period of one year from the 
date of such affidavit. The owner of a dog thus 
kliled in conformity with the law, or proven to have, 
pursued a deer for the distance of one hundred yards 
or more within this Commonwealth, shall be liable 
to a penalty of twenty-five dollars for each deer 
or fawn pursued, and fifty dollars for each deer 
or fawn killed or caused to be killed, by such dog 
running at large, without aid or direction of its 
master. Where the owner of a dog shall neglect or 
refuse to take care of his dog, after notice in writing 
from an officer of the State, whose duty it is to 
protect the game of the State, to the effect that the 
dog in question is in the habit of pursuing deer, he 
shall be liable to double the amount, as fixed above, 
for the first offense, such penalty to be recovered as 
are other penalties imposed by this act. 

Section 21. Any dog, off land controlled by the 
owner of such dog, pursuing or following upon the 
track of any game-quadruped, such as hare or rabbits, 
and known as small-game, or following upon the 
track of any game-bird or other wild bird protected 
by existing law, during what is known as the closed 
season for such animal or bird in this Commonwealth, 
is hereby declared to be a public nuisance ; and may 
be killed by the owner or lessee of land whereon it 
is found, or by any employe of such owner or lessee, 
or by a game-protector, deputy game-protector, game- 
warden, forestry-warden, or any other officer of the 
Commonwealth whose duty it is to protect the game 
of this State, when seen upon the track of such game 
or wild bird, unless such dog shall wear a collar hav- 
ing attached thereto a metalic tag or plate upon 
which shall be plainly inscribed, in English, the 
name and address of the owner of such dog; and any 
dog thus wearing a collar, inscribed as before men- 
tioned, pursuing small game off land controlled by 
the owner of such dog, during what is known as the 
closed season for such game or wild birds, may be 
killed by the owner or lessee of any land upon which 



GAME, FISH AND FOUESTRY LAWS 



such dog may be found, or by any employe of either 
the owner or lessee, or by a game-protector, deputy 
game-protector, game-warden, forestry-warden or any 
officer of the State whose duty it is to protect the 
game of the State, when such dog is seen upon the 
track of such game, after notice in writing from that 
particular person, or from the Secretary of the Game 
Commission, has been given to the owner or reputed 
owner of such dog, to the effect that the dog in ques- 
tion is in the habit of destroying, or pursuing or 
following upon the track of, game or wild birds, con- 
trary to the provisions of this section: Provided, 
That dogs, when accompanied by and under the con- 
trol of their masters, may be trained upon any of the 
living wild-game or birds of this State, excepting 
deer and fawn, from the fifteenth day of August to 
the first day of January next following, so long as 
no injury is inflicted upon said animals or birds. 

Section 22. As amended by the Act of May 9th, 
1913. P. L. 

Section 22. No person shnll at any time, within this 
Commonwealth, buy or sell or barter, or expose for 
sale or barter, or have in possession for sale or 
barter, any elk or any deer, or any part of either an 
elk or a deer, that has been killed, taken or captured 
in a wild state in this Commonwealth, and no person 
shall at any time, within this Commonwealth, buy 
or sell or barter, or attempt to sell or barter, or 
have in possession for sale or barter, any ruffed 
grouse, commonly called pheasant, or any wild 
turkey, or any woodcock, or any quail, commonly 
called Virginia partridge, that shall have been killed 
or captured, either v/ithin or outside the boundaries 
of this Commonwealth ; and no person within this 
Commonwealth shall sell or barter, or offer to sell or 
barter, or have in possession for sale or barter, any 
wild duck or any wild goose, or any other bird of 
the kind commonly known as wild water-fowl, that 
shall have been killed, taken, or captured in this 
Commonwealth, or that may have been brought into 
this Commonwealth for sale, between the first day of 
January and the first day of September of each 
year: Provided, That nothing in this section shall 
be construed to prevent the purchase or sale or in- 
troduction, into this State, at any time, of either 
elk or deer or birds, alive, for propagating purposes. 

Each and every person who shall violate any of 



Training. 



Ruffed 
grouse, wild 
turkey, 
woodcock, 
quail. 



Wild duck 
and wild 
goose, etc. 



Frovi.so. 



Violation. 



GAME, FISH AND FORESTRY LAWS. 



the provisions of this section relative to the pur- 
chase or sale or barter of elk or of deer shall be 
liable to a penalty of one "hundred dollars for each 
offense. 

Each and every person who shall violate any provi- 
sion of this section relative to the purchase or sale 
or barter of ruffed grouse or of wild turkey, or of 
woodcock or of quail, shall be liable to a penalty of 
twenty-five dollars for each bird, or part thereof, in 
any way had in possession or handled contrary to 
the provisions of this section. 

Each and every person in any way violating the pro- 
visions of this section relating to the sale or barter 
of wild water-fowl, or the bringing of such wild 
water-fowl into this Commonwealth, shall be liable 
to a penalty of ten dollars for each bird in any way 
handled contrary to the provisions of this section. 

Section 23. No person shall have in his possession, 
excepting during the open season therefor, and thirty 
days thereafter, any ruffed-grouse, commonly called 
pheasant, any English, Mongolian, or Chinese pheas- 
ants, any quail, commonly called Virginia partridge, 
any wild-turkey, any woodcock, any Hungarian quail, 
or "any other game-bird, protected by this act, or any 
deer, or the dead body of any deer or hare or rabbit 
or squirrel, or parts thereof, which shall have been 
caught, killed, or taken within this Commonwealth. 
Each and every person violating any provision of 
this section shall be liable to a penalty of fifty dol- 
lars for each deer, and twenty-five dollars for each 
bear, and ten dollars for each game-bird of any kind, 
protected by this act, and five dollars for each hare or 
rabbit, or gray or black or fox squirrel, or for any 
part thereof, which shall have been lawfully taken 
or killed within this Commonwealth, and unlawfully 
held contrary to the provisions of this section: Pro- 
vided, That the owner or owners of game preserves in 
this State shall have the right to keep living deer and 
fawn therein at all times, to kill the same subject 
to the laws of this State, and to sell or give away 
the same, under the provisions of this act; and that 
all kinds of game killed in this Commonwealth, ex- 
cepting deer, wild-turkey, ruffed-grouse, woodcock, 
quail, commonly called Virginia partridge, and^ Hun- 
garian quail may be brought and sold within the 
Commonwealth during the open season for such 
game, and for thirty days thereafter. 



GAME, FISH AND FORESTRY LAWS, 



49 



Section 24. No person shall capture or kill in this 
Commonwealth any deer, wild-turkey, ruffed-grouse, 
commonly called pheasant; quail, commonly called 
Virginia partridge, or Hungarian quail, 'or woodcock, 
for wages or hire, or other valuable consideration. 
Each and every person who shall offend against any 
provision of this section shall, upon conviction, be 
sentenced to pay a penalty of twenty-five dollars for 
each offense. 

Section 25. The open season for gray, black, or 
fox squirrels, in this Commonwealth, shall be (See 
Act of April vlSth, 1913, Page 81) and it shall be 
unlawful for any person to kill more than six squirrels 
of the combined kinds in one day. The open season 
for hare or rabbits shall be (See Act of April 18th, 
1913, Page 81) and it shall be unlawful for any one 
person to kill more than ten hare or rabbits in any 
one day. Every person who shall offend against 
any provision of this section shall, upon conviction, 
be sentenced to pay a penalty of ten dollars for each 
animal killed or taken in violation of law: Provided, 
That the pine or red squirrel is not protected by 
this act; and that it shall, at all times be lawful for 
the owner or lessee of real estate to kill, or have 
killed by his legitimate employe, on his certain 
premises, in any legal manner, any squirrel, or 
hare or rabbit, as a protection to cultivated crops or 
trees, but for no other reason ; and the fact that a 
squirrel or hare or rabbit, so ostensibly killed, shall 
be used for food, or for profit through its sale, by 
any person, shall be evidence conclusive of a viola- 
tion of the protective feature of this section, and 
shall render the person so killing or using or selling 
said animal liable to the penalty imposed for the un- 
lawful killing of rabbits. Each and every person vio- 
lating any provision of this section shall be liable to 
a penalty of ten dollars for each squirrel, hare, or 
rabbit thus unlawfully killed or disposed of. Pro- 
vided, it shall be unlawful to kill, take or capture 
bear, of any description, save only from the first 
day of October to the first day of January next fol- 
lowing. Each and every person who shall kill, 
wound, take, or capture any bear contrary to the 
provisions of this act shall be liable, on conviction, to 
a penalty of fifty dollars for each bear or cub 
wounded, taken, killed, or captured: Provided, 
That nothing in this act shall be construed to pre- 
4 



Hunting, 
for wages 
or liire. 



Penalty. 
Squirrels. 



Open 
season. 



Limit. 



Hares or 
rabbits. 



Fine. 
Proviso. 



Red squir- 
rel. 



Lav.-ful kill- 
in? as a 
protection. 



Used for 
food or sold. 



Fine. 

Proviso. 

Bear. 

Or':'n sej 
son. 

PrOTiso. 



50 



GAME, FISH AND FORESTRY LAWS 



Killing out 
of season. 



Purchase, 
sale, etc.. 
of dead 
game quad- 
rupeds or 
game-birds. 



Penalty. 
Ferrets. 



Hunting 
with. 



Possession 
or control of 
ferrets. 



Fine. 



vent any person from killing a bear, within this 
Commonwealth, when such animal is inflicting or 
attempting to inflict injury to either the person or 
personal property of any individual within the Com- 
monwealth ; or the killing of such bear in a pursuit 
commenced within forty-eight hours after the com- 
mission of such offense ; or at any time after the 
commission of such offense, upon the affidavit of one 
or more persons to the effect that they have reasonable 
cause to believe that the bear in question has com- 
mitted such offense, or to prevent any person from 
killing a bear, at any time, when such animnl is found 
upon his own property and within one mile of his 
place of residence. 

Section 26. Excepting as permitted by this act, no 
person shall purchase, sell, or expose for sale, or 
have in his possession for any purpose whatsoever, the 
dead body or any part thereof, of any game-quadruped 
or game-bird of the kinds enumerated in any sec- 
tion of this act, if the same have been caught, killed 
or taken within this Commonwealth, save only dur- 
ing the open season for such I^inds of game in this 
State, and for thirty days thereafter. Each and 
every person who shall offend against any of the pro- 
visions of this section shall be liable to a penalty 
equal in amount to the penalty imposed by this act 
for the killing of such animal or bird during the 
closed season. 

Section 27. No person within this Commonwealth 
shall hunt or catch or kill, or cause or permit the 
hunting of, hare or rabbits, with or through the 
use of a ferret, under the penalty of twenty-five dol- 
lars for each ferret so used, and ten dollars as fixed 
by Sec. 2 of the Act of April 18th, 1913. Page 81. 
Fine for killing a rabbit in any way except with a 
gun. And the fact that any person shall place a 
ferret in any hole or opening in the ground outside 
of buildings, in which a rabbit might be found, or 
shall be caught in the act of using a ferret in the 
taking of hare or rabbits or shall have a ferret in 
possession or under control in either the fields or 
forests or in the highways of this Commonwealth, or 
shall be proven to have used a ferret while hunting, 
or shall while going hunting or while returning from 
such a hunt have a ferret either in possession or 
under control, shall render such person liable to the 
penalty of twenty-five dollars for each ferret had in 



GAME, FISH AND FORESTRY LAWS. 



possession or under control at that time. Any 
ferret found in the possession or under control _ of 
a person convicted of violating any provision 
this section shall be forfeited to the Commonwealth, 
and shall be immediately killed by the officer into 
whose hands such animal may come. 

Section 28. No person, company, or corporation, 
or the agent or the employe thereof, shall, at any 
time, transport or ship or remove, or cause to be 
transported, shipped, or removed, out of this State, 
any game-animal or game-bird or wild bird protected 
by this act; or shall catch, take, or kill or have in 
his possession or under his control, any of the game- 
birds or game-mammals or wild birds of this State, 
the killing of which at any or all times is prohibited 
by the laws of this State, with intent to allow or 
aid in the shipment or removal thereof out of this 
State; and, excepting as provided for in this act, it 
shall be unlawful for any person railroad company, 
express company, stage driver, or any corporation 
or person acting in the capacity of a common carrier 
their officers or employes, to knowingly receive for 
transportation or transport, or remove, or aid or 
assist in removing, beyond the limits of the State, 
any of the wild birds or game-birds or game-mammals 
mentioned in this act. Whoever shall offend against 
any of the provisions of this section shall be liable 
to a penalty of one hundred dollars for each and every 
offense: Provided, That nothing contained in the 
laws of this Commonwealth shall be held to impose 
any penalty upon the transporation of game in un- 
broken packages, in transit through this State from 
another State, or to the shipment out of the State, 
at any time, of game legally kille or taken in another 
State, whether the same be in original packages or 
otherwise; and no penalty shall attach, in any way, 
when game legally killed in this Commonwealth is 
delivered, in good faith, to an express company or 
other common carrier for transportation from one point 
to another point in this State, and actually delivered 
at the point of destination within this State, if 
necessarily carried out of this State to reach its 
destination: And provided further. That any non- 
resident licensed hunter may take with him per- 
sonally, when leaving the State, any of the game 
mammals or game birds that such licensee has law- 
fully taken or killed in this Commonwealth, not ex- 
ceeding the number that any one person may lawfully 



Forfeiture. 



Shipment or 
removal of 
game from 
the State. 



Common 
carriers. 



Penalty. 



Game in 
transit. 



Proviso. 



Non-resi- 
dent may 
take one 
day's shoot, 
etc. 



GAME, FISH AND FORESTRY LAWS. 



take or kill in any one day: Provided, That no game 
shall be taken out of this State unless accompanied 
by the owner thereof, and the game so shipped shall 
have attached thereto a tag showing the name and 
address of the owner and the number of his license. 

Section 29. The possession during the close season, 
by any person within this Commonwealth, of a living 
or dead bird or animal of any kind protected by this 
act, or the possession of any part thereof, or of the 
egg or nest or any part thereof of any such bird, 
shall be prima facie evidence that the same was taken 
or held contrary to the provisions of law, and shall 
render each person, in whose possession or under 
whose control the same shall have been found, liable 
to the penalties imposed for violation of that pro- 
vision of this act fixing a penalty for the killing of 
such bird or animal out of season, or of that pro- 
vision filing penalties for interfering with bird's nets, 
as the case may require. 

Section 30. It shall be lawful to trap quail, com- 
monly called Virginia partridge, or Hungarian quail, 
from the first day of January to the first day of 
April next following, for the purpose of keeping them 
alive during the winter, or for the purpose of separat- 
ing a covey to increase the chances of propagation, 
but for no other purpose whatever ; and quail thus 
taken shall not be transported from one locality to 
another locality in this State, excepting by written 
permission of the President of the Board of Game 
Commissioners. All birds thus taken should be lib- 
erated in the spring, as soon as the weather will 
permit. 

Section 31. Each and every magistrate, alder- 
man, and justice of the peace of this Common- 
wealth shall have the power of summary convic- 
tion in all matters pertaining to the enforcement 
of any of the provisions of this act ; and all actions 
for violation of any of said provisions, excepting 
where the defendant is taken in the act or on pur- 
suit immediately following said act, shall be com- 
menced by afiidavit, made within one year of the 
time of the commission of such offense. Each and 
every magistrate, alderman, or justice of the peace, 
on complaint made before him, by the afiidavit of 
liny person, of a violation of any of the provisions 
of this act by any person, is hereby authorized and 
reqiiired to issue his warrant, under his hand and 



GAME, FISH AND FORESTRY LAWS. 



seal, directed to any constable, police officer, game- 
protector, deputy game-protector or any other peace 
officer of the State whose duty it is to protect the 
game or wild birds of the State ; and to cause such 
persons to be brought before him, the said magis- 
trate, alderman, or justice of the peace, who shall 
hear the evidence and determine the guilt or inno- 
cence of the person charged. If the accused be 
convicted of such offense, he shall be sentenced to 
pay the penalty prescribed by the section violated, 
together with the costs of suit. All penalties col- 
lected in cases where the prosecutor is a game- 
protector shall be immediately surrendered by the 
court receiving the same to such prosecutor, who 
in turn shall, as soon as may be, either deliver 
or forward such amount to the Secretary of the 
Board of Game Commissioners, who shall deposit the 
same in the State Treasury, for the use of the 
Commonwealth. Where any other than a game- 
protector is the prosecutor, one-half of any penalty 
thus collected shall belong to such prosecutor, and 
shall be paid to him by the court receiving the 
same ; and the remaining one-half of such penalty 
shall be forwarded, within ten days after said con- 
viction, by such court to the Secretary of the 
Board of Game Commissioners, at Harrisburg, to- 
gether with a statement of the cause for which 
said money was collected. It shall be the duty 
of said Secretary to keep a record of the cause for 
which said money was collected, and deposit the 
same, at least once a month, with the State Treas- 
urer, for the use of the Commonwealth. Any de- 
fendant, being dissatisfied with the finding of the 
alderman or justice of the peace, in a trial for any 
violation of the game laws of this Commonwealth, 
shall be entitled to an appeal. The case to be 
proceeded with as are charges of misdemeanor regu- 
larly returned to the court of quarter sessions of 
the peace ; and it shall be the duty of the district 
attorney to submit a bill of indictment, charging 
the offense returned, to the grand jury at its next 
regular session. Which said court, on the con- 
viction of the defendant of such offense and his 
failure to pay the penalty imposed by this act, to- 
gether with the costs of prosecution, shall com- 
mit such defendant to the common jail of the county 
for the time as prescribed by section four of this 



Hearing, 



Penalties. 



Disposition 
of penal- 



Appeal. 



Conviction. 



Failure to 
pay fine. 



GAME, FISH AND FORESTRY LAWS. 

act: Provided, That any person charged with a 
violation of any provision of this act, may, at his 
discretion, sign an acknowledgment of the offense 
committed, and pay to the duly authorized game- 
protector or deputy game-protector the penalty in 
full, as fixed by the section violated, together with 
costs to that date ; and the printed receipt which 
he shall receive therefor, and which in all instances 
shall bear the imprint of the seal of the Board of 
Game Commissioners and the signature of its sec- 
retary, shall be evidence of full satisfaction of the 
offense committed . 

Section 32. All acts or parts of acts ijiconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 1st day of May, A. D. 1909. 
EDWIN S. STUART. 



AN ACT 

To give additional protection to wild birds and 
animals and game within the Commonwealth of 
Pennsylvania; prohibiting the hunting for, or cap- 
ture or killing of, such wDd birds or animals or 
game by unnaturalized foreign-born residents ; for- 
bidding the ownership or possession of shotgun or 
rifle by any unnaturalized foreign-born resident, 
within the Commonwealth ; and prescribing penal- 
ties for violation of its provisions. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, it shall be unlawful 
for any unnaturalized foreign-born resident to hunt 
for or capture or kill, in this Commonwealth, any 
wild bird or animal, either game or otherwise, of 
any description, excepting in defense of person or 
property ; and to that end it shall be unlawful for 
any unnaturalized foreign-born resident, within this 
Commonwealth, to either own or be possessed of a 
shotgun or rifle of any make. Each and every per- 
son violating a^iv provision of this section shall, 
upon conviction thereof, be sentenced to pay a 
penalty oi twentv-five dollars for each offense, or 
undergo in:] risonment in the common jail of the 
county for ihe period of one day for each dollar 
of penalty imposed: Provided, That in addition 
to the before-named penalty, all guns of the before- 



GAME, FISH AND FORESTRY LAWS. 



55 



mentioned kinds found in possession or under con- 
trol of an unnaturalized foreign-born resident shall, 
upon conviction of such person, or upon his sign- 
ing a declaration of guilt as prescribed by this act, 
be declared forfeited to the Commonwealth of Penn- 
sylvania, and shall be sold by the Board of Game 
Commissioners as hereinafter directed. 

Section 2. For the purposes of this act, any un- 
naturalized foreign-born person who shall reside or 
liv3 vrithiu the boundaries of the Commonwealth of 
Pouusylvania for ten consecutive days shall be con- 
sidered a resident, and shall be liable to the penal- 
ties imposed for violation of the provisions of this 
act. 

Section 3. That the possession of a shotgun or 
rifle at any place outside of buildings, within this 
Commonv\^ealth, by an unnatur;ilized foreign-born 
resident, sahll be conclusive proof of a violation of 
the provisions of section one of this act, and shall 
render any person convicted thereof liable to the 
penalty as fixed by said section. 

Section 4. That the presence of a shotgun or 
rifle at any place outside of buildings, within this 
camp of any description, within this Commonwealth, 
occupied or controlled by an unnaturalized foreign- 
born resident, shall be prima facie evidence that 
such gun is owned or controlled by the person oc- 
cupying or controlling the property in which such 
gun is found, and shall render such person liable 
to the penalty imposed by section one of this act. 

Section 5. That notice of the seizure of all guns, 
made for violation of any provision of section one 
of this act, shall be sent to the Board of Game 
Commissioners, at Harrisburg, by the officer making 
such seizure, immediately after the final verdict in 
any prosecution brought for violation of said pro- 
visions, or upon the signing of the acknowledgement 
of guilt, as hereinafter provided ; and the gun so 
seized shall be sold, at the discretion of the Board 
of Game Commissioners, who shall apply the money 
thus realized, first to the payment of costs arising 
from such prosecution and seizure, and the remainder, 
if any, shall be paid to the State Treasurer for the 
use of the Commonwealth. 

Section 6. That all duly appointed and sworn 
officers of the Board of Game Commissioners of 
this Commonwealth, and all constables, police offi- 



Forfeiture 
of guns. 



"Unnatural- 
ized for- 
igu-born 
resident" 
defined. 



Possession 
outside of 
building. 



Presence of 
guns in 
room, house, 
etc. 



Notice of all 
seizure. 



Sale. 



Duty of 
oflacers. 



56 



GAME, FISH AND FORESTRY LAWS, 



Arrests. 



Sunday 
arrests. 



Concealm«»t 
of guns. 



Search war- 
rant. 



Magistrates, 
aldermen, 
and justices. 
Summary 
conviction. 



AfDdavit. 



Warrant. 



cers, members of the State constabulary, forestry- 
wardens, and all peace officers of the Common- 
wealth, shall have the right, and it is hereby made 
their duty, to arrest, without warrant, any person 
whom they have good reasons to suspect as belong- 
ing to the class of unnaturalized foreign-born resi- 
dents, when they find such person with guns of 
the before-mentioned kind in possession, within the 
Commonwealth of Pennsylvania. Such arrests may 
also be made upon Sunday, in which case the per- 
son or persons so arrested, for safe-keeping may 
be committed to the jail or lock-up for that day ; 
but shall be taken before the proper magistrate 
and proceeded against ou a week day following the 
arrest ; and any or either of such officers shall have 
the right and power, where they suspect the con- 
cealment by an unnaturalized foreign-born resident 
of guns of the before-mentioned kind, to apply to 
any court having jurisdiction of the offense, within 
the Commonwealth, who, upon receipt of proof made 
by affidavit of the probable cause for believing in 
such concealment, shall issue a search warrant and 
cause a search to be made in any place ; and to 
that end, the said officer shall have power, after 
demand and refusal, to cause any building, room, 
inclosure, or car to be broken open and entered, 
and any closet, chest, locker, box, trunk, crate, 
basket, box, or package, or other receptacle, to be 
open and contents examined by said officer. 

Section 7. Each and every magistrate, alderman, 
and justice of the peace of this Commonwealth 
shall have the power of summary conviction per- 
taining to the violation of any of the provisions 
of this act; and all actions for violation of any of 
the provisions hereinbefore-mentioned, excepting 
where the defendant is taken in the act or in a 
pursuit immediately following the act shall be 
commenced by affidavit made within one year of 
the time of such violation. Each and every mag- 
istrate, alderman, and justice of the peace, on com- 
plaint made before him, on affidavit of any person, 
of a violation of the provisions of this act by any 
person, is herewith authorized and required to issue 
his warrant, under his hand and official seal, di- 
rected to any constable, police officer, game pro- 
tector, or any other officer of the State known as 
a police officer and authorized to serve warrants, 
and cause such person to be brought before such 



GAME, FISH AND FORESTRY LAWS. 



57 



magistrate, alderman, or justice of the peace, who 
shall hear the evidence and determine the guilt or 
innocence of the party charged. If the accused 
be convicted of such offense, he shall be sentenced 
to pay the full penalty prescribed by the section 
violated, and to pay all costs of prosecution. All 
penalties collected in cases where the prosecutor is 
a paid officer of the Board of Game Commissioners 
shall be immediately surrendered by the court re- 
ceiving the same to such prosecutor, who in turn 
shall, as soon as may be, forward or deliver such 
amount in full to the , Secretary of the Board, who 
shall at once deposit tlie same to the use of the Com- 
monwealth. Where any other than a paid officer 
of the Board of Game Commissioners is the prose- 
cutor, one-half of any penalty thus collected shall 
belong to said prosecutor, and be paid to him ; and 
the remaining one-half shall be forthwith forwarded 
to the Secretary of the Game Commission, at Har- 
risburg, together with a statement of the cause for 
which said money shall have been collected. The 
cost of which statement is hereby fixed as fifty cents, 
and made a part of the costs of prosecution. It 
shall be the duty of the Board of Game Commis- 
sioners to keep a record of the cases for which said 
money was collected, and to deliver the fund thus 
arising, at least once a month, to the State Treas- 
urer, for the use of the Commonwealth. Any de- 
fendant refusing to pay such penalty, with the 
costs of prosecution, shall be committed to the com- 
mon jail of the county, for a period of one day 
for each dollar of penalty imposed, unless he shall 
enter a good and sufficient recognizance, with one 
or more sureties, to pay such penalty within ten 
days, or to answer such complaint, upon the charge 
of misdemeanor, before the court of quarter sessions 
of the peace of the county in which the offense 
was committed; which said court, upon the con- 
viction of the defendant of such offense, and on 
his failure to pay the penalty imposed, together 
with the costs of prosecution, shall commit such 
defendant to the common jail of the county for a 
period of one day for each dollar of penalty imposed: 
Provided, That any person charged with violation 
of the provisions of this act may, at his discretion, 
sign an acknowledgment of the offense committed, 
and pay any duly sworn game protector thf nenaity 



Hearing. 



Disposition 
•f fines. 



Dutv of the 
Board. 



Refusal to 
pay penalty. 



Poaalty. 



Commit- 
B«at. 



ProTiso. 



Acknowledg- 
mf>nt »t 
offense, and 
payment. 



GAME, FISH AND FORESTRY LAWS. 

in full, as fixed by the section violated, with costs 
to that date and the printed receipt therefor, which 
shall in every instance bear the seal of the Board 
of Game Commissioners and the signature of its 
Secretary, shall be evidence of full satisfaction for 
the offense committed: Provided also. That all guns 
seized, in cases in which the before-mentioned re- 
ceipt is sriven, shall be sold under the provisions of 
section five, and the moneys realized therefrom be 
applied as therein directed. 

Section 8. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 8th day of May, A. D. 1909. 

EDWIN S. STUART. 



AN ACT 

To provide for the better protection and preserva- 
tion of game, game-quadrupeds and game-birds, 
and prescribing penalties for violation of its sev- 
eral provisions . 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, the wild animal 
known as the raccoon shall be classed as a game 
animal in this Commonwealth, and it shall be unlaw- 
ful to kill or capture such animal excepting during 
the months of September, October, November and 
December of each year. Each and every person 
killing or capturing, or attempting to kill or take, 
a raccoon during any other month of the year, ex- 
cept as above named, shall, upon conviction, be 
liable to a penalty of ten dollars for each animal 
so illegally taken or killed, or attempted to be 
taken or killed ; or, in default thereof, shall suffer 
an imprisonment of one day in jail for each dollar 
of penalty imposed and unpaid. 

Section 2. The open season for the quail, com- 
monly called Virginia partridge ; shall be from the 
first day of November to December fifteenth, in- 
clusive, of each year. Each and every person kill- 
ing or taking, or attempting to kill or take, any 
of the game birds mentioned in this section, any 
time excepting as provided for in this act, shall. 



GAME, FISH AND FORESTRY LAWS. 



upon conviction, be liable to a penalty of twenty- 
five dollars for each gnme-bird, either killed, taken, 
or attempted to be killed or taken, contrary to the 
provisions of this act ; or, in default thereof, shall 
suffer an imprisonment, in the common jail of the 
county, of one day for each dollar of penalty im- 
posed and unpaid. The open season for grey, black, 
or fox squirrels ; also the open season for the grey 
rabbit and hare ; also the open season for the ruffed- 
grouse ; English, Mongolian, ring-necked and Chinese 
pheasants ; shall be from the fifteenth day of Octo- 
ber to the thirtieth day of November next following 
both days inclusive. See section one of the act of 
April 18th, 1913. 

Section 3. Each and every magistrate, alderman, 
and justice of the peace of the Commonwealth is 
hereby given "the power of summary conviction in 
all matters pertaining to violations of any of the 
provisions of this act ; and also prosecutions for 
such violations shall be conducted and the penalty 
applied as provided in section thirty-first of the 
act of May first. Anno Domini one thousand nine 
hundred and nine, entitled "An act to provide for 
quadrupeds and game-birds, and song and insec- 
tivorous and other wild birds, and prescribing 
penalties for violation of its several provisions." 

Section 4. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 3d day of June, A. D. 1911. 

JOHN K. TENER. 



Penalty. 



Summary 
conviction. 



Repeal. 



AN ACT 

Giving additional protection to wild waterfowl of 
all kinds in this Commonwealth limiting the 
number of decoys that may be used by any one 
person at one time, or by any number of persons 
acting together ; forbidding the shooting of wild 
waterfowl before sunrise ; and imposing penalties 
for violation of its provisions. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, it shall be unlawful 
for any person, or for any number of persons act- 
ing together, to place in any of the waters of this 
Commonwealth, for the purpose of attracting wild 



Game. 



GAME, FISH AND FORESTRY LAWS. 



waterfowl of any description, more than twenty 
specimens of artificially prepared wooden ducks, or 
ducks of any character, commonly used as decoys, 
or to shoot over or attempt to control more than 
twenty such decoys, so placed as to cover not ex- 
ceeding one-fourth of a mile, upon any stream or 
lake within this Commonwealth. 

Section 2. That it shall be unlawful for any per- 
son, either using decoys or otherwise, to shoot at 
wih' waterfowl of any kind before sunrise of any 
day, upon any of the waters located within this 
Commonwealth . 

Section 3. Each and every person violating any 
provision of this act shall be liable to a penalty 
of ten dollars for the first offense, or shall suffer 
an imprisonment of one day for each dollar of penalty 
imposed. For the second or any additional offense 
after the first offense each person violating 
any provision of this act shall be liable to 
a penalty of ten dollars and ten* days in 
jail; and also shall be liable to have all decoys, boats, 
and guns, used in violation of law, confiscated 
to the use of the Commonwealth of Pennsylvania ; the 
same to be sold as confiscated property is sold 
under the provisions of an act, entitled "An act to 
provide for the protection and preserration of came, 
etc.," approved the first day of May, Anno Domini 
one thousand nine hundred and nine. 

Section 4. Each and every magistrate, alderman, 
and justice of the peace of this Commonwealth 
shall have the power of summary conviction in all 
matters pertaining to the enforcement of any of 
the provisions of this act, and all actions for vio- 
lation of any of said provisions, excepting where 
the defendant is taken in the act, or in pursuit 
immediately following said act, shall be commenced 
by affidavit, made within one year of the time 
of the commission of such offense. Each and every 
magistrate, alderman, and justice of the peace, on 
complaint made before him, on affidavit of any 
person, of a violation of the provisions of this act 
by any person, is herewith authorized and required 

Note: A National law taking effect Oct. Ist, 1913, prOTldes 
that no wild water-fowl, or other migratory bird, may be 
legally killed before sunrise or after sunset of any day. This 
National provision controls in all cases where migratory birds 
are concerned. 



GAME, FISH AND FORESTRY LAWS. 



Penalties. 



to issue Lis warrant, under his hand and official Warrant 
seal, directed to any constable, police officer, game- 
protector, or any officer of the State known as a 
police officer and authorized to serve warrants ; and 
cause such person to be brought before such magis- 
trate, alderman, or justice of the peace, who shall 
hear the evidence and determine the guilt or inno- Hearing 
cence of the party charged. If the accused be con- 
victed of such offense, he shall be sentenced to pay 
the full peralty prescribed by the section violated, 
and to pay all costs of prosecution All penalties 
collected in case where the prosecutor is a paid 
officer of tha Board of Game Commissioneis shall 
be immediately surrendered by the court receiving 
the same to such prosecutor, who in turn shall, as 
soon as may be, forward or deliver such amount 
in full to the Secretary of the Board, who shall at 
once deposit the same to the use of the Common- 
wealth. Where any other than a paid officer of the 
Board of Game Commissiouors is the prosecutor, 
one-half of any penalty thus collected shall belong 
to said prosecutor, and be paid to him; and the 
remaining one-half shall be forthwith forwarded to 
the Secretary of the Game Commission at Harris- 
burg, together with a statement of the cause for 
which said money ohall have been collected. The 
cost of which statement is hereby fixed at fifty 
cents, and made a part of the costs of prosecution. 
It shall be the duty of the Board of Game Com- 
missioners to keep a record of the cases for which 
said money was collected, and to deliver the funds 
thus arising, at least once a month, to the State 
Treasurer, for the use of the Commonwealth. Any 
defendant refusing to pay such penalty and the 
costs of prosecution shall be committed to the com- 
mon jail of the county, for a period of one day for 
each doUar of penalty imposed, unless he shall 
enter a good and sufficient recognizance, with one 
or more sureties, to pay such penalty within ten 
days or to answer such complaint, upon the charge 
of misdemeanor, before the court of quarter ses- 
sions of the peace of the county in which the offense 
was committed ; which said court, upon the conviction 
of the defendant of such offense, and on his failure 
to pay the penalty imposed, together with the costs 
of prosecution, shall commit such defendant to the 
common jail of the county, for a period of one day 



Disposition 
of funds. 

Refusal to 
pay penalty. 



Commit- 
ment. 



GAME, FISH AND FORESTRY LAWS. 

for each dollar of penalty imposed: Provided, That 
when any person shall be charged with the violation 
of any of the provisions of this act, such person 
may appear before the court of quarter sessions, 
or a magistrate having jurisdiction, of the proper 
county, and there plead guilty to such charge; 
whereupon the said court shall impose the sentence 
first mentioned in section three, which, with the 
costs, shall be paid forthwith by such person. 

Section 5. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 15th day of June, A. D. 1911. 

JOHN K. TENER. 



AN ACT 

Supplementary to "An act for the taxation of dogs 
and the protection of sheep," approved the twenty- 
fifth day of May, Anno Domini one thousand 
eight hundred and ninety-three ; requiring all dogs 
to wear a collar to be provided by the owner, 
together with a tag to be attached thereto show- 
ing payment of tax, said tag to be provided by 
the county commissioners ; imposing certain duties 
upon constables, tax collectors and county com- 
missioners ; and providing for the killing of dogs 
whose owners fail to comply with this act and 
the act to which this is a supplement ; and pro- 
viding penalties for failure to comply with the 
provisions of this act. 

Section 1 as amended by the act of May 20th, 
1913, P. L. 

Section 1. Be it enacted, &c.. That hereafter all 
dogs of four months old and upwards shall be re- 
quired to wear, at all times, a substantial collar, 
to which shall be attached the tag hereinafter men- 
tioned ; said collar to be furnished by the owner 
of said dog or dogs, and said tag to be furnished by 
the county commissioners, and to be paid for by 
them out of the fund realized from the taxation 
of dogs. 

Section 2. The county commissioners of the sev- 
eral counties shall prepare and furnish, annually, 
to the several tax collectors of the county metal 



GAME, FISH AND FORESTRY LAWS. 



tags, to be given by said tax collectors to the 
owners of dogs when said owners shall pay the tax 
assessed upon said dogs. Upon one side of said 
tags shall be stamped, in raised letter, the fol- 
lowing, "Dog tax for (naming the year); 

paid." 

Section 3 as amended by the act of May 20th, 
1913, P. L. 

Section 3. At the time of payment of dog tax by 
the owner of such dog, the tax collector shall give 
to said owner one of said tags, prepared for the 
year for which said tax is paid, which said tag 
shall thereupon be attached to the collar of the dog 
for which said tax was paid by the owner of said dog ; 
and in case the assessor has failed, for any reason, 
at the time of making the general assessment, to 
assess any dog, it shall be lawful for the owner 
thereof to pay to the tax collect )r the dog tax for 
the current year, the same as though such dog 
had been regularly assessed ; and in such case it 
shall be the duty of the tax collector to furnish to 
such owner a tax tag, to be attached to collar 
of such dog as above provided: Provided, however. 
That nothing herein contained shall be construed as 
lessening the responsibility and duty of all assessors 
to assess all dogs that he is tible to assess at the 
time of making the general assessment. 

Section 4. Should the owner of any dog or dogs 
neglect to pay the tax assessed for : aid dog or 
dogs, and to comply otherwise with the provisions 
of this act, it shall immediately there. 'ter be the 
duty of the proper tax collector to g ve written 
notice to said owner that if he faih: to pny said tax, 
and also to comply with the provisions of sections 
one and three of this act as to th.e collar and tag 
required to be worn, within ten days, or to kill 
his dog himself within said time, that s; id dog will 
thereupon be killed by the constable of the proper 
district: Provided, That for the notice .vritten and 
mailed or delivered, under this provisioa, the said 
tax collector shall be entitled to reooive the sum 
of twenty-five cents, which amr>,^t shall be paid 
to him by the county coramis.?i«l..•(>r^s at the time of 
the next settlement of accounts bet\^'een said officer 
and the county commissioners For failure of the 
tax collector to perform his duty under the require- 



Stamp on 
tag. 



Attachment 
of tag. 



Assessment. 



Payment of 
tax, etc. 



Neglect to 
comply with 
act. 



Notice to 
owner. 



Killing of 
dog. 



ProTiso. 



Fee for bcft- 
ing notice. 



Default ®f 
collector. 



&i 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



Default of 
owner. 



Notice to 
constable. 



Duty of 
constable. 



Fee. 



Default of 
constable. 



Penalty. 



"Owner' 
defined. 



Taxation. 



Dogs not 
wearing cel- 
lar and tag. 



Public 
nuisance. 



ments of this section, he shall be liable to a penalty 
of two dollars in each case, which amount shall be 
deducted in any settlement occurring between said 
otiicer and the county commissioners. 

Section 5. In cases of default by any such owner 
as to comply with the requirements of this act, 
and particularly with section four as to payment 
of tax, wearing collar and tag, and killing his said 
dog, it shall thereupon be the duty of the tax col- 
lector of said district, and shall also be the right 
and privilege of any citizen of the proper district, 
to notify the proper constable of the said district 
of such failure and default, and that it thereupon 
becomes the duty of said constable to kill said 
dog. And, in either case, it shall thereupon be 
the duty of such constable to kill all such dogs ; 
and for such service said constable shall be en- 
titled to receive for each dog killed and buried, 
cremated, or otherwise legally disposed of, by him, 
from the county commissioners, out of the fund 
realized from the taxation of dogs, the sum of 
one dollar. For faillre to perform his official duty 
under the provisions of this section, the constable 
shall be liable to a penalty of two dollars for each 
offense, which said amount shall be deducted from 
any amount due S\ich constable from the county 
at the next settlement between such officer and 
the county commissioners. ^ 

Section 6. Every person keeping a dog or dogs 
about his house or premises, permitting such dor 
or dogs to stay about his house or premises, shall 
be taken and deemed to be the owner of such dos: 
or dogs, for all the purposes of this act; and shall 
be liable for the assessed valuation of such dog or 
dogs, as the case may be; the same to be recovered 
as are other taxes imposed in this Commonwealth. 

Section 7. All dogs not wearing the collar and 
tag required by the provisions of this act are hereby 
declared to be a public nuisance ; and such dog 
may be killed at any time by the owner of lands 
within the Commonwealth, or the bona fide tenant 
upon lands within the Commonwealth, or by the 
employe of either owner or tenant upon whose lands 
such dog may be found, and the owner of such 
dog so killed shall have no recourse at law what- 
ever . 



GAME, FISH AND FORESTRY LAWS. 



65 



Section 8. All acts or parts of acts inconsistent 
herewith be and the same are hereby repealed. 
Approved— The 15th day of June, A. D., 1911. 

JOHN K. TENER. 

This is not a game law and is put here only for 
the purpose of information to owners of dogs. 



Repeal. 



AN ACT 

For the better protection of the wild birds known 
as the turtle or mourning-dove, the killdeer plover, 
and the bird commonly called the blackbird in 
Pennsylvania, and prescribing penalties for viola- 
tion of its provisions. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, the wild birds known 
as the turtle or mouriug-dove, the killdeer plover, 
and the bird commonly called the blackbird, now 
classed as g;ime-birds in this State, shall be taken 
from the list of birds at this time accorded but 
partial protection in this State, and shall be added 
to that class of birds known as "wild birds other 
than game-birds," to which class continuous pro- 
tection is accorded. 

Section 2. Except as provided by the law of this 
Commonwealth, it shall be unlawful for any person 
at any time to take or kill or wound, or to attempt 
to take, or kill, or wound, either a turtle or mourn- 
ing-dove, or a killdeer plover, or one of the birds 
commonly called blackbirds in this Commonwealth ; 
or to have such dove, or such plover, or such black- 
bird, or any part of either bird, in possession; 
under a penalty of ten dollars for each bird, either 
dove or plover or blackbird, taken or killed or 
wounded, or attempted to be taken or killed or 
wounded, or had in possession in this Common- 
wealth ; or, in lieu thereof, to suffer an imprison- 
ment in the common jail of the county for a period 
of one day for each dollar of penalty imposed and 
unpaid: Provided, That blackbirds may be killed 
by the owners of land, when caught in the act 
of destroying either the eggs or young of other 
birds, or fruit or berries or grain, upon such prop- 
erty. 



Wild birds. 



Turtle-dove, 
killdeer, 

S lover and 
lackbird. 



Continuous 
protection. 



Violations. 



Penalty. 



proviso. 



GAME, FISH AND FORESTRY LAWS. 



Summary 
conviction. 



Repeal. 



Section 3. Each and every magistrate, alderman, 
or justice of the peace of this Commonwealth is 
herewith given the power of summary conviction in 
all cases relating to the violation of this act. The 
course of procedure before such magistrate, alder- 
man, or justice of the peace to be that prescribed 
by section thirty-one of the act of May, first, one 
thousand nine hundred and nine, entitled "An act 
to provide for the protection and preservation of 
game, game-quadrupeds and game-birds, and song 
and insectivorous and other wild birds, and pre- 
scribing penalties for violation of its several pro- 
visions." 

Section 4. All acts or parts of acts inconsistent 
with the provisions of this act are herewith re- 
pealed . 

Approved— The 21st day of March, A. D. 1913. 

JOHN K. TENER 



AN ACT 



Wapiti or 
elk. 



Close sea- 
eon. 



Full pro- 
tection. 



Open sea- 
son, after 
Novemlier 
14, 1921. 



To provide for the protection and preservation of 
the wapiti or elk in Pennsylvania, and prescribing 
penalties for violation of its several provisions. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, the animal known as 
the wapiti or elk shall be classed as a game animal 
in this Commonwealth. 

Section 2. That from and after the passage of 
this act, it shall be unlawful for any person to kill 
or wound or capture, or to attempt to kill or wound 
or capture, any wapiti or elk found in a wild state 
in this Commonwealth ; or to have such wapiti or 
elk, or any part thereof, in possession before the 
fifteenth day of November, one thousand nine hun- 
dred and twenty-one. That after the fourteenth 
day of November, one thousand nine hundred and 
twenty-one, unless otherwise provided, there shall 
be annually an open season for wapiti or elk in 
this Commonwealth, which open season shall begin 
at one o'clock ante meridian of the fifteenth day 
of November and extend to, but not include, the 
first day of December of each year ; during which 
open season of each year, Sundays excepted, it 



GAME, FISH AND FORESTRY LAWS. 



shall be lawful for any person in this Commonwealth 
to kill one wild wapiti or elk, which in all instances 
shall be a male wapiti or elk with antlers, commonly 
called horns, with not less than four points to one 
antler: Provided, That the provisions of this act 
shall not apply to the Game Commission, or to 
any of its dub' sworn and commissioned game pro- 
tectors, actins: for the State. 

Section 3. It shall be unlawful at any time, within 
this Commonwealth, to kill or capture or wound, or 
to attempt to kill or capture or wound, a wapiti or 
elk, upon the first day of the week, commonly 
called Sunday, or to pursue any wapiti or elk with 
a dog or dogs; or to kill or capture or wound, or to 
attempt to kill or capture or wound, a wapiti or 
elk, in any of the waters of this Commonwealth; or 
to kill or capture or wound or take a wapiti or 
elk, in this Commonwealth, in any manner except 
through the use of a gun, such as usually raised at 
arms' length and fired from the shoulder ; or through 
the use of a gun that propels more than a single 
pellet, bullet, or ball at such wapiti or elk through 
a single discharge; or to kill or wound or take, or 
to attempt to kill or wound or take, any wapiti or 
elk, in this Commonwealth, through or by any 
method other than that known as still-hunting. Each 
and every person violating any provision contained 
in any of the sections of this act shall, upon con- 
viction, be sentenced to pay a penalty of two hun- 
dred dollars for each offense, or, in lieu thereof, 
shall suffer an imprisonment in the county jail of 
one day for each dollar of penalty imposed, for 
the first offense. And for the second, or for any 
other offense after the first offense, shall, upon 
conviction, be sentenced to pay a penalty of two 
hundred dollars, and, in addition, shall suffer an 
imprisonment of one day in the county jail for 
each dollar of penalty imposed. 

Section 4. Whenever, because of a violation of 
any provision of this act, a person shall be con- 
victed for a first offense and a penalty be imposed, 
and the defendant shall neglect or refuse to imme- 
diately pay said amount, together with the costs 
of prosecution, in lawful money of the United States, 
he shall be at once committed to the common jail 
of the county for a period of one day for each dollar 
of penalty imposed ; unless he shall enter into good 



Violations. 



Hunting on 
Sunday. 



With dogs. 



In the 
water. 



Penalty. 



First 
ofifense. 



Neglect or 
refusal to 
pay fine. 



Commit- 
iiiout. 



GAME, FISH AND FORESTRY LAWS. 



Proviso. 



Forfeiture. 



Shipment or 
removal of 
from the 
State pro- 
hibited. 



Common 
carriers. 



and sufficient recognizance to pay said penalty and 
costs within a period of ten days after the date 
of his said conviction, or shall certiorari the pro- 
ceedings, or shall carry the case to a higher court 
on appeal as provided for in this act. For the 
second or any other offense, the defendant shall, 
in addition to the penalty prescribed for the first 
offense, suffer an imprisonment of one day in jail 
for each dollar of penalty imposed: Provided, That 
in every case of a conviction for violation of any 
provision of this act, wherein a defendant suffers 
imprisonment in lieu of a cash payment of the 
penalty imposed, all traps, guns, shooting para- 
phernalia, and other appliances, used in violation 
of the law, and found or proven to have been either 
in possession or under control of the defendant at 
the time of such violation, shall be, and they are 
hereby declared, forfeited to the Commonwealth of 
Pennsylvania, and shall be sold under the direction 
of the Board of Game Commissioners ; and the 
money thus secured be applied by them, first, to 
the payment of the costs incurred, and second, 
the balance be deposited with the State Treasurer, 
for the use of the Commonwealth. The defendant 
being entitled to a credit of one day off" his im- 
prisonment for each dollar so deposited, for the 
first offense only. 

Section 5. It shall be unlawful for any person, 
company, or corporation, or the agent or employee 
thereof, to at any time transport or ship or re- 
move, or to cause to be in any manner transported, 
shipped or removed, out of this State, any wapiti 
or elk, or any part thereof, killed or taken in a 
wild state in this Commonwealth; or to kill, catch, 
take, or have in possession or under control, any 
wapiti or elk, or any part thereof, killed or taken 
in a wild state in this Commonwealth, with intent 
to allow or to aid in the shipment or removal out 
of this Commonwealth ; and it shall be unlawful for 
any person, railroad company, express company, 
stage driver, or any other corporation or person 
acting in the capacity of a common carrier, their 
officers or employees, knowingly to receive for trans- 
portation or to transport, or remove, or to aid or 
assist in the transportation or removal, beyond the 
limits of this State, of any wapiti or elk, or any 
Dart thereof, killed or taken in a wild state in this 



GAME, FISH AND FORESTRY LAWS, 



Commonwealth. Whoever shall offend against any of 
the provisions of this section shall be liable to a 
penalty of two hundred dollars for each and every 
offense: Provided, That nothing contained in this 
act shall be held to impose any penalty for the 
transportation of any wapiti or elk, in transit 
through this State from another State; or to the 
shipment out of this State, at any time, of wapiti 
or elk, legally killed or taken in another State, 
whether the same be in original package or other- 
wise; and no penalty shall attach, in any way, 
when any wapiti or elk, or any part thereof, le- 
gally killed in this Commonwealth, is delivered in 
good faith to an express company or other common 
carrier for transportation from one point to another 
point in this State, and actually delivered at the 
point of destination within this State, if necessarily 
carried out of this State to reach its destination. 

Section 6. The possession of the dead body of a 
wapiti or elk, or any part thereof, by any person 
at any time, within this Commonwealth, shall be 
considered prima facie evidence that the same was 
taken or is held contrary to the provisions of law, 
and shall render such person, in whose possession 
or under whose control the same shall have been 
found, liable to the penalty imposed for the viola- 
tion of that provision of this act fixing the penalty 
for the killing of such wapiti or elk during the 
close season. 

Section 7. It is herewith provided that wapiti or 
elk may be raised in captivity, and be disposed of 
within this State, under the regulations and re- 
quirements pertaining to the propagation of deer in 
captivity, as pi-oviflnl for by section seven of the 
act of May i'>-:A, i.V'- thousand nine hundred and 
nine, entitled ■'.An rwl to provide for the protection 
and preservation of game, game-quadrupeds, and 
game-birds, and song and insectivorous and other 
wild birds, and prescribing penalties for violation 
of its several provisions." And the person or per- 
sons so raising these animals shall be permitted 
to ship, either within or out of this State, such 
wapiti or elk, raised strictly in captivity within 
this State, under such rules and regulations as may 
be decided upon by the Game Commission of this 
State. _ 

Section 8. Each and every magistrate, alderman. 



Game in 
transit. 



Possession 
of wapiti or 
ellj. 



Propagation 
in captivity. 



Shipment. 



GAME, FISH AND FORESTRY LAWS. 



and justice of the peace of this Commonwealth shall 
have the power of summary conviction in all mat- 
ters pertaining to the enforcement of any of the 
provisions of this act ; and all actions for violation 
defendant is taken in the act or in a pursuit imme- 
diately following' said act, shall be commenced by 
affidavit made within one year of the time of the 
commission of each offense. Each and every magis- 
trate, alderman and justice of the peace, on com- 
plaint made before him by the affidavit of any per- 
son, is hereby authorized and required to issue 
his warrant, under his hand and seal, directed to 
any constable, police officer, game-protector, deputy 
game-protector, or any other officer of this Com- 
monwealth whose duty it is to protect the game and 
wild birds of this State ; and to cause such person 
or persons to be brought before him, the magistrate, 
alderman, or justice of the peace, who shall hear 
the evidence and determine the guilt or innocence 
of the person or persons charged. If the accused 
be convicted of such offense, he shall be sentenced 
to pay the penalty prescribed by the section vio- 
lated, together with the costs of suit. All penalties 
collected in cases where the prosecutor is a paid 
game-protector shall be immediately surrendered by 
the court receiving the same to such prosecutor, 
who in turn shall, as soon as may be, either deliver 
or forward such amount to the Secretary of the 
Board of Game Commissioners, who shall deposit 
the same in the State Treasurj^ for the use of the 
Commonv/ealth. Where any other than a paid 
game-protector is the prosecutor, one-half of any 
such penalty thus collected shall belong to such 
prosecutor, and shall be paid to him by the court 
receiving the same ; the remaining one-half of such 
penalty shall be forwarded, within ten days after 
said conviction by such court, to the Secretary of 
the Board of Game Commissioners, at Harrisburg, 
together with a statement of the cause for which 
said money was collected. It shall be the duty of 
said Secretary to keep a record of the causes for 
which said money was collected, and deposit the 
same, at least once a month, with the State Treas- 
urer, for the use of the Commonwealth. Any de- 
fendant, being dissatisfied with the finding of the 
mngistrate, alderman, or justice of the peace, in a 
trial for the violation of any provision of this act. 



GAME, FISH AND FORESTRY LAWS 



shall be entitled to an appeal, under the provisions Appeals 
of section fourteen of article five of the Constitution, 
and the laws of Pennsylvania relating thereto; which 
said court, on the conviction of the defendant of C^n^i^ti 
such offense, and his failure to pay the penalty 
imposed by this act, together with the costs of 
prosecution, shall commit such defendant to the 
common jail of the county for the time as prescribed 
by this act: Provided, That any person caught rroviso. 
in the act, or charged with a violation of any pro- 
vision of this act, may, at his discretion, either 
before or after the bringing of suit, sign an ac- 
knowledgment of the offense committed, and pay to 
any duly authorized game-protector or deputy game- offense 
protector the penalty in full, as fixed by the section 
violated, together with costs, if any, to date; and 
the printed receipt which he shall receive therefor, 
and which in all instances shall bear the imprint 
of the seal of the Board of Game Commissioners 
and the signature of its Secretary, shall be evidence 
of full satisfaction of the offense committed. 

Section 9. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 2d day of April, A. D. 1913. 

JOHN K. TENER. 



Acknowl- 
pd;riiient of 



Receipt. 



AN ACT 



For the better protection of wild birds and game 
within the Commonwealth of Pennsylvania ; re- 
quiring citizens of the United States residing within 
this State to procure a license before using guns 
for the purpose of hunting for any wild birds or 
animals protected by the laws of this Common- 
wealth ; and providing penalties for violation of 
its several provisions, and the manner of pro- 
ceeding to enforce compliance therewith ; and pro- 
viding for the disposition of the license fees, fines, 
and penalties received. 

Section 1. Be it enacted, &c.. That from and wud birds 

after the passage of this act, it shall be unlawful ^°° game, 
for any person residing within this Commonwealth 

to hunt for wild birds or wild animals protected Hunter's li- 

by the game laws of this Commonwealth, with fire- cense act. 



72 



GAME, FISH AND FORESTRY LAWS. 



'Number." 



Persons en- 
titled to be 
licensed. 



Application 
for license. 



Proof. 



Fee. 



Provif 



Proviso. 



Form of li- 
cense. 



arms, or with a device of any kind propelling with 
force a leaden or metal pellet or bullet ; or, e:coept 
in the defense of person or property, to shoot at or 
kill, or pursue with intent to take, kill or wound, 
any such wild birds or wild animals found within 
this Commonwealth ; without first securing a license 
to so do, in accordance with the provisions of this 
act. 

Section 2. Whenever the word "person" is Uc^ed 
in this act, such word shall be taken to include 
every person. All words or terms in this act which 
refer to persons in the singular number shall be 
taken to include the plural number. All words of 
the plural number shall include the singular num- 
ber, and all words of the masculine gender shall 
be taken to include the feminine gender. 

Section 3. For the purposes of this act any per- 
son born in the United States of America, or any 
person fully naturalized under the laws of the United 
States, or the son of any such naturalized person, 
under the nge of twenty-one years, who has been 
a bona fide resident of this Commonwealth for a 
period of thirty days next preceding his application, 
shall be entitled to the license herein referred to, 
upon the further fulfillment of the requirements of 
this act. 

Section 4. Each and every resident of this Com- 
monwealth—such resident being a citizen of the 
United States — upon application made, verbally or 
in writing, to any county treasurer within the 
Commonwealth, and the presentation of proof that 
he is a citizen of the United States and a bona fide 
resident of this Commonwealth under the require- 
ments of this act, and the payment to said county 
treasurer of one dollar, shall be entitled to what is 
herein designated as a "Resident Hunter's License," 
and a tag with the number of the license thereon: 
Provided, That no person under the age of sixteen 
years shall be entitled to or receive such license, 
without presenting a written request therefor, bear- 
ing the signature of his father or mother, or his 
legally constituted guardian: Provided further. That 
no person under fourteen years of age shall be granted 
a license. Said license shall be issued on a form 
prepared and supplied by the Board of Game Com- 
missioners, at the cost of the Commonwealth. Such 
license shall bear a description of the person apply- 



GAME, FISH AND FORESTRY LAWS. 



73 



ing for the same, with the date of its issue, and 
shall authorize the person named therein to use 
legal firearms for the purpose of hunting and kill- 
ing any of the wild animals or game-birds pro- 
tected by the laws of this Commonwealth, under 
the restrictions and requirements of existing laws, 
during that year, the date of which is inscribed 
thereon. Said certificate shall become void upon the 
thirty-first day of December next following the date 
of issue. The Game Commission shall also fui'nish 
free of charge, and the county treasurer shall issue, 
with each license, a tag bearing the license number, 
in figures at least one inch in height, which tag 
said licensee is required to display on the back of 
the sleeve, between the elbow and the shoulder, in 
such manner that the figures be visible at all times 
while hunting: Provided, That it shall be lawful, 
under the provisions of this act, for any justice of 
the peace within this Commonwealth, who has quali- 
fied therefor by having applied to the county treas- 
urer of the county in which he is located, and hav- 
ing received and receipted for necessary blanks and 
tags, to issue a resid^-ut hunter's license and tag 
on like conditions and in like manner as prescribed 
for the issuance of lice]:ses by any county treasurer, 
upon payment of fifteen cents to said justice by the 
said licensee, in addition to the other dollar pre- 
scribed as the cost of said license ; said fifteen cents 
to be retained by said justice of the peace as his 
fee for the issuance of said license and reporting the 
same, and remitting payment therefor to the county 
treasurer of the county in which said justice of the 
peace is located. Such report and remittance to be 
made and done by said justice of the peace within 
twenty-four hours after the issuance of said license , 
by him. Whereupon said county treasurer shall 
make a record of, and otherwise treat, said license 
as though it had been issued from his office, except 
that he shall also note upon his record the name of 
the justice issuing the license. Every justice of the 
peace shall deliver the book or books from which he 
has issued licenses, together with the stubs therein 
properly filled out and showing the names of each 
licensee and the number of the license issued to 
him, to the treasurer of his county during the month 
of January of each year. 
Section 5. Any citizen of the United States, resi- 



Term. 



Tag. 



Display of 
tag. 



Justices of 
the peace 
may also is- 
sue licenses. 



Keport and 
payment by 
justices. 



Record of 
license. 



Delivery of 
stub-books. 



74 



GAME, FISH AND FORESTRY LAWS 



Violations. 



penalty. 



Proviso. 



Ownership of 
and lawful 
use of gun. 



Without li- 
cense. 

Rights con- 
veyed by 
act. 



Possession 
of gun in 
field, etc. 



Prima facie 
evidence. 

Display of 
tag and 
showing of 
license. 



dent within this Commonwealth, who shall, ex- 
cepting in defense of person or property, attempt 
throuiih the use of a gun or mechanical device, be- 
fore described in this act, to hunt for, or take or 
wound or kill, any of the wild birds or animals 
protected by the laws of this Commonwealth, with- 
out first being possessed of a "Resident Hunter's 
License," lawfully issued to him in his name, shall 
be liable to a penalty of twenty dollars for each 
offense ; and each day upon which said gun or device 
is used shall be considered a separate and distinct 
offense: Provided, That nothing in this act shall 
be construed to prevent any citizen of the United 
State, residing within this Commonwealth, from 
having a gun in his home ; or from using such gun in 
defense of either person or property ; or from shoot- 
ing at targets; or from hunting for or shooting at, 
in any place in this Commonwealth, anything not 
protected by the laws of this Commonwealth ; or to 
prevent any bona fide owner or any bona fide lessee 
of lands within this Commonwealth, or any mem- 
ber of the family of such owner or lessee, such per- 
son being a citizen of the United States, residing 
upon and cultivating lands in this Commonwealth, 
from hunting thereon, or, by and with the consent 
of the owner thereof, from hunting upon the lands 
immediately adjacent and connected with his own 
lands, — without securing the license provided for by 
this act; it being distinctly understood that no right 
is conveyed by this act to hunt upon either private 
or public property in this Commonwealth, contrary 
to the wishes of those who may own or control such 
property . 

Section 6. For the purpose of this act, the fact 
that any person shall be found in possession of a 
gun, or of a mechanical device of any description 
possessing the power to propel with force n leaden 
or metal bullet or pellet, either in the field, in the 
forests or on the waters of this Commonwealth, shall 
be considered prima facie evidence that such person 
is hunting ; and shall render him liable to display 
his license tag as aforesaid, and to show his "Resi- 
dent Hunter's License" to any officer of this Com- 
monwealth, whose duty it is to protect the game and 
wild birds of the Commonwealth, or, upon demand 
by the owner or the lessee, or by the employee or 
representatives of such owner or lessee, upon whose 



GAME, FISH AND FORESTRY LAWS 



75 



lands such person may be found in this Common- 
wealth ; and for refusing or neglecting to comply 
with such request, such person, neglecting or re- 
fusing to display his license tag, as aforesaid, and 
exhibit his "Resident Hunter's License," shall, upon 
conviction, be liable to a penalty of twenty dollars; 
and the fact that any person may be found upon 
the highways of the Commonwealth, in possession 
of a gun and the dead body of any bird or animal 
protected by the laws o^ this Commonwealth, shall 
be considered prima facie evidence that such person 
is hunting; and such person, upon demand made 
by any officer of the Commonwealth whose duty it is 
to protect the wild birds and game of the State, 
shall be required to display his license tag, as afore- 
said, and exhibit his "Resident Hunter's License," 
and for refusing to so do shall, upon conviction, be 
liable to a penalty of twenty dollars: Provided, 
That in all cases of arrest for violation of any of 
the provisions of this net, except where the dead 
body of any game bird or animal is found in posses- 
sion of the accused, the affidavit of any person, 
charged with such violation, denying the charge made, 
shall, in every instance, over-balance what is 
termed "prima facie evidence" in any of the pro- 
visions of this act ; and that all penalties collected 
for violation of any of the provisions of this section 
shall be paid into the State Treasury, to be applied 
to the pur[)oses otherwise provided for in this act. 

Section 7. Each and every county treasurer of 
this Commonwealth shall keep in a book to be 
supplied by the Board of Game Commissioners at 
the cost of the Commonwealth, a correct and com- 
plete record of all "Resident Hunters' Licenses" 
issued by him. Such book shall be in the form of an 
alphabetical index ; and it shall be the duty of each 
county treasurer to have entered therein, at the 
close of each week, the name and place of residence 
of each individual to whom a license shall have 
been issued during that week ; and to forward im- 
mediately to the Game Commission a complete list 
of licenses aranted, with names and addresses of 
licensees and numbers of their respective license, on 
blanks to be furnished by the Game Commission ; 
and this index shall be open at any reasonable hour 
to the inspection of any officer of the Commonwealth 
whose duty it is by law to protect the wild birds 
and game of the Commonwealth. 



Refusal or 
negli'ct. 



Penalty. 

Possession 
of gun and 
game. 

rrlnia facie 
evidence. 



Display of 
tag, etc. 



Proviso. 
Penalty. 



Af^dnvit of 
denial. 



EtToct of 



County 

tri'.'isurers. 



lieeord of 
licenses. 



Duty of 
treasurers. 



Inspection 
of index. 



GAME, FISH AND FORESTRY LAWS. 



Treasurer's 
fee. 



Returns of 
treasurer. 



Powers of 
ofl3cers. 



Arrest with- 
out warrant. 



Seizures. 



Disposition 
of seizures. 



Forfeiture of 
game. 



Forfeiture of 
guns, t)oats, 
etc. 



Section 8. Said county treasurers are herewith 
authorized to retain for services rendered the sum 
of ten cents from the amount paid by each licensee, 
which amount shall be full compensation for ser- 
vices rendered by him in each case under the pro- 
visions of this act, and shall remit all balances aris- 
ing from this source, at least once a month, to the 
State Treasurer, for the purposes otherwise pro- 
vided for in this act. Each county treasurer shall 
make his return to the State Treasurer upon a form 
to be supplied by the Board of Game Commissioners, 
at the cost of the Commonwealth, and shall in every 
instance forward a duplicate of such report to the 
Secretary of the Board of Game Commissioners at 
Harrisburg. 

Section 9. Any officer of the Commonwealth whose 
duty it is to protect the wild birds or game of the 
Commonwealth or to preserve the peace of the Com- 
monwealth shall have the right to arrest, without 
warrant, any person caught in the act of violating 
any provision of this act, or in a pursuit imme- 
diately following such violation ; and to seize all 
guns, shooting paraphernalia, dogs, boats, decoys, 
or other appliances used in violation of any pro- 
vision of this act; also, all wild birds or animals, 
game or otherwise, found either in possession or 
under control of the suspected person within this 
Commonwealth. All birds and animals, or parts 
thereof, not classed as game in this Commonwealth, 
thus seized, shall be held subject to the order of 
the Board of Game Commissioners. All guns, boats, 
decoys, dogs, game, and shooting paraphernalia, 
seized when such arrest is made, shall be held sub- 
ject to the determination of the proceedings instituted ; 
and, where the party accused is convicted, all game 
seized shall be forfeited to the Commonwealth of 
Pennsylvania, and as soon as may be shall be for- 
warded to the most convenient hospital, for the use 
of the sick or injured therein. All guns, boats, 
decoys, dogs, and shooting paraphernalia of every 
description, thus seized, shall be held subject to the 
payment of the penalty imposed and the costs of 
prosecution; and, unless security be given as re- 
quired by section thirteen of this act, all such seized 
guns, boats, decoys, dogs, and shooting paraphernalia 
shall be sold at public auction, after advertising the 
same for five days, by at least five public hand- 



GAME, FISH AND FORESTRY LAWS. 



77 



bills conspicuously posted in the city, borough, or 
township wherein the conviction was secured. Any 
fund thus arising shall be applied, first, to the pay- 
ment of the costs of prosecution; then, to the pay- 
ment of the penalty imposed ; and the remainder, if 
any, shall be returned to the owner of the prop- 
erty seized. Where game, dogs, boats, decoys, or 
shooting paraphernalia of any description shall be 
seized, and the owners thereof escape arrest, and 
refuse to present themselves and make claim to 
said property, all such game, after the lapse of three 
days after the seizure, shall be declared forfeited 
to the Commonwealth, and shall be sent to the most 
convenient hospital, for the purpose before indicated 
in this section. All guns, dogs, boats, decoys, and 
other shooting paraphernalia thus seized shall 
be held for a preiod of ten days; after which time, 
if the owner thereof fails to appear and defend 
himself aiiainst the charges made, such property 
of all description shall be sold, in the manner pre- 
scribed for the sale of seized property after convic- 
tion, and the fund arising from such sale be applied 
as in the case of the sale after conviction: Pro- 
vided, That the fact that imprisonment is suffered 
by any person convicted of violating any provisions 
of this act shall not prevent the sale of guns, dogs, 
boats, decoys, or other shooting paraphernalia of any 
description, held as the property of the imprisoned 
party, and the application of the fund thus realized 
to the payment of the costs and the penalty imposed. 

Section 10. Each and every person resisting arrest 
for violation of any of the provisions of this act, 
or refiising to go with an officer after an arrest 
has been made, or interfering with an officer of the 
Commonwealth in the performance of his duty under 
the provisions of this act, shall be liable to a penalty 
of one hundred dollars, which penalty when col- 
lected shall be applied as are other penalties under 
the provisions of this act. 

Section 11. Whenever, because of the violation of 
any of the requirements of this act, any person shall 
be convicted for a first offense and a penalty be im- 
posed, and the defendant shall neglect or refuse to 
at once pay said amount, together with the costs of 
prosecution, in lawful money of the United States, he 
shall at once be committed to the common jail of 
the county in which the conviction is secured, for 
a period of one day for each dollar of penalty im- 



Application 
funds. 



Forfeiture 
when own- 
ers escape 
arrest. 



Disposition 
of guns, 
boats, etc. 



Proviso, 



Resisting 
arrest, etc. 



Penalty. 



Refusal to 
pay penalty. 



First 
offense. 



78 



GAME, FISH AND FORESTRY LAWS 



Second or 
subsequent 
offense. 



Forfeiture 
of traps, 
guns, boats, 
etc. 



Disposition 
of fees. 



posed ; unless he shall enter into good sufficient re- 
cognizance to either pay the penalty and costs, within 
a period of ten days after the date of said conviction, 
or to certiorari the proceedings under the forms of 
law, or to carry the case to a higher court on appeal, 
under the provisions of section fourteen of article five 
of the Constitution and the laws of Pennsylvania re- 
lating thereto. For the second or any additional 
offense after the first offense the defendant shall, in 
addition to the penalty prescribed for the first offense, 
suffer an imprisonment of one day in jail for each 
dollar of penalty imposed: Provided, That in every 
case of a conviction for violation of any of the pro- 
visions of this act, wherein the defendant suffers im- 
prisonment in lieu of a cash payment of the penalty 
imposed, or fjiils to pay the costs of prosecution, all 
traps, guns, boats, decoys, shooting paraphernalia, 
or other appliances used in violation of the law, and 
found in his possession at the time of arrest or proven 
to have been used in violation of law, shall be and 
they are hereby declared forfeited to the Common- 
wealth of Pennsylvania ; and shall be either destroyed 
or sold, as the Board of Game Commissioners may 
consider best, and the money secured through such 
sale shall be applied by said board, first, to the pay- 
ment of the costs incurred, and the remainder, if any, 
be deposited with the State Treasurer, to be used for 
the purposes herein otherwise provided ; the defendant 
being entitled, for the first offense only, to the credit 
of one day off his imprisonment for each dollar so de- 
posited with the State Treasurer. 

Section 12. All license fees collected under the pro- 
visions of this act, and all fines and penalties im- 
posed and collected for violation of any of its pro- 
visions, shall be paid to the State Treasurer as here- 
inbefore designated, who shall keep the moneys thus 
collected as a fund separate and apart, solely for the 
purpose of wild bird and game protection, and for the 
purchase and propagation of game under the super- 
vision of the Board of Game Commissioners of the 
Commonwealth of Pennsylvania, and the payment of 
bounties under the provisions of law. The several 
purposes to which the fund, so received by the State 
Treasurer, shall be applied, to be clearly designated 
by an act of the Li^gislature, either in the general 
appropriation act or by sej>arate appropriation for the 
payment of bounties. It being specifically provided 



GAME, FISH AND FORESTRY LAWS. 



79 



that fify per centum of any fund roturned to the State 
through or because of the provisions of this act, or 
so much of said fifty per centum as may be needed, 
shall be applied by the Legislature at its biennial ses- 
sions to the payment of bounties, at the rate of one 
dollar for each mink killed, two dollars for each wea- 
sel killed, two dollars for each fox killed, and four 
dollars for each wildcat killed, and such bounty upon 
other animals or birds as may hereafter have a bounty 
placed upon them by the T^egislature of the State; 
such bounties to be paid upon proof of such killing 
as is now provided by the law of this Commonwealth. 
Section 13. Each and every magistrate, justice of 
the peace, and alderman, within this Commonwealth, 
shall have the power of summary conviction in matters 
pertaining to violation of any of the provisions of this 
act. All actions for violation of any of the provisions 
of this act, excepting where the defendant is taken in 
the act of violating the law, or in a pursuit immedi- 
ately following such violation, shall be commenced by 
affidavit made within one year after the date of such 
violation ; and any magistrate, justice of the peace, 
or alderman, in this Commonwaelth, on complaint 
made before him, by affidavit by one or more persons 
of a violation of any of the provisions of this act by 
any person, is hereby authorized and required to issue 
his warrant, under his hand and seal, directed to 
any constable, police officer, game protector, or any 
officer of the Commonwealth Avhose duty it is to pro- 
tect game and wild birds of the Commonwealth, and 
cause such person to be brought before him, such 
magistrate, justice of the peace, or alderman, who 
shall hear the evidence and determine the guilt or 
innocence of the person accused ; and if such person 
be convicted of the offense charged, he shall be sen- 
teheed to pay the full penalty prescribed by the section 
violated, together with the costs of prosecution. All 
penalties thus recovered, in cases where the prosecu- 
tor is a salaried officer of the Commonwealth, shall 
be immediately surrendered by the court receiving the 
same to the prosecutor, who in turn, as soon as may 
be, shall forward or deliver such amount in full to 
the secretary of the Board of Game Commissioners 
at Harrisburg. Where any officer of the Common- 
wealth, other than a salaried officer, is the prosecu- 
tor, the penalty shall be, as soon as the case is fully 
determined before him, forwarded by such magistrate. 



Payment of 
bounties. 



Summary 
conviction. 



Affidavit. 



Hearing. 



Disposition 
of penalty. 



80 



GAME, FISH AND FORESTRY LAWS 



Conviction 
on appeal. 



Acknowledg- 
ment of 
offense. 



Receipt. 



Repeal. 



justice of the peace, or aldermnn to the Secretary of 
the Board of Game Commissioners at Harrisburg, to- 
gether with a statement of the cause for which such 
money shall have been collected, the cost of which 
statement is hereby fixed at fifty cents and made a 
part of the costs of prosecution ; and it shall be the 
duty of said Secretary of the Board of Game Commis- 
sioners to at least once a month make return of 
moneys thus collected to the State Treasurer, to be 
applied to the purposes otherwise provided for in this 
act. Each and every defendant convicted on appeal 
before any court of this Commonwealth shall be sen- 
tenced to pay the penalty imposed by the section vio- 
lated, or to undergo imprisonment in the common 
jail of the county for one day for each dollar of 
penalty imposed and unpaid: Provided, That any 
person charged with violating any provision of this 
act may sign an acknowledgment of the offense com- 
mitted, either before or after the beginning of suit, 
and pay to any duly appointed and commissioned game 
protector, deputy or special deputy game protector, 
the penalty in full, as fixed by the act, together with 
the costs accruing to the State to that date ; and the 
printed receipt therefor, which shall in every instance 
bear the imprint of the Seal of the Board of Game 
Commissioners of Pennsylvania, and the signature of 
its Secretary, shall be evidence of full satisfaction of 
the offense committed: Provided further, That when 
any person or persons are arrested for any violations 
of the provisions of any section of this act, the party 
or parties making said arrests shall immediately there- 
after take, or cause to be taken, the parties so ar- 
rested to the nearest justice of the peace, magistrate, 
or alderman, for a hearing upon the charge upon 
which said person or persons were arrested. 

Section 14. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 17th day of April, A. D. 1913. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS. 



AN ACT 

To provide for the better protection and preservation 
of game, game-quadriipeds, and game-birds in Penn- 
sylvania, and prescribing penalties for violation of 
its several provisions. 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act, the open season for the grey, 
the black, and fox squirrel; also the open season for 
the ruffed grouse, and for the Hungarian partridge, 
and for the woodcock, and for the English or Chinese 
ringneck pheasant ; shall be from the fifteenth day of 
October of each year to the thirtieth day of November 
of the same year, both days inclusive; and the open 
season for the gray rabbit and the hare shall be from 
the first day of November to the thirty-first day of 
December of each year, inclusive: Provided, That 
either game-quadrupeds or game-birds, raised strictly 
in capitivity, and killed within such place of confine- 
ment without being released in the Commonwealth at 
large, may be killed at any time, and may be sold 
within the Commonwealth at any time, under the 
rules and regulations regarding the marking and tag- 
ging of game as now fixed by law relating to game 
raised in captivity. 

Section 2. Except as provided by the laws of this 
Commonwealth relating to the taking of quadrupeds 
and birds for scientific purposes, each and every per- 
son taking or killing or wounding, or attempting to 
take or kill or wound, any quadruped or bird named 
in section one of this act, except during the time 
fixed by such section as the open season for such 
killing, shall, upon conviction, be liable to a penalty 
of ten dollars for each squirrel or rabbit taken, killed 
or wounded, or attempted to be killed, taken or 
wounded, contrary to the provisions of this act: Pro- 
vided, That the penalty for taking a squirrel or a 
rabbit in any manner, excepting through the use of 
a gun, is hereby fixed at ten dollars, instead of fifty 
dollars, as is now provided by law. 

Each and every person, either taking or wounding 
or killing, or attempting to take or wound or kill, any 
game-bird named in section one of this act, except 
during that time fixed as the open season for such 



Violations. 



Penalty. 



Violations. 



GAME, FISH AND FORESTRY LAWS. 

bird, shall be liable, upon conviction, to pay a penalty 
of twenty-five dollars for each bird taken, wounded 
or killed, or attempted to be taken, wounded or killed ; 
or, in default thereof, to suffer an imprisonment in 
the common jail of the county for a period of one 
day for each dollar of penalty imposed for the first 
offense, and, for the second offense, or, for any other 
offense after the first offense, shall, in addition to the 
penalty imposed for the first offense, undergo an im- 
prisonment of one day for each dollar of penalty im- 
posed . 

Section 3. Provided, That all violations of any pro- 
vision of this act shall be enforced, and all penalties 
collected be applied, in the manner as is now pro- 
vided for by section thirty -one of the act of May first, 
one thousand nine hundred and nine, entitled "An 
act to provide for the protection and preservation of 
game, game-quadrupeds and game-birds, and song and 
insectivorous and other wild birds, and providing 
penalties for the violation of its several provisions." 

Section 4. All acts or parts of acts inconsistent 
with this act or any of its provisions are hereby re- 
pealed. 

Approved— The 18th day of April, A. D. 1913. 

JOHN K. TENER. 



AN ACT 



Elk and 
deer. 



Hunting 
preserves. 



To provide for the protection and preservation of elk 
and deer ; providing a method through which certain 
lands in the Commonwealth may be closed to hunt- 
ing for a term of years ; and prescribing penalties 
for violation of its several provisions . 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act, the Board of Game Commis- 
sioners of this Commonwealth shall have the power 
and authority to close, for a term of yenrs, to the pur- 
poses of hunting elk and deer, found in a wild state 
in any of the territory that maj', to the residents of 
that territory, appear necessary to the protection of 
elk and deer placed or found thereon ; such territory in 
no instance to be less than one county in area, and 
in no instance to exceed four contiguous counties in 
any one tract, in this Commonwealth. 



GAME, FISH AND FORESTRY LAWS. 



83 



Closure of 
county. 



Section 2. That wherever at least two hundred citi- Petition, 
zens of any county in this Commonwealth shall, 
through written petition, certify to the Board of Game 
Commissioner that, in their opinion, an absolutely 
closed season is necessary to insure the better pro- 
tection and consequent increase elk and deer found in 
a wild state, in that county in which such citizens 
may reside, and asking that such county be closed 
to hunting for a period, the Board of Game Commis- 
sioners shall forward to said petitioners and others a 
blank form setting forth such questions as they may 
consider best suited to determine the quantity of game 
and game conditions in the county in question, which 
said forms, with replies to entitle such answers to 
consideration before said Board of Game Commis- 
sioners, shall be returned to said board on or before 
the return day as fixed upon said forms ; such peti- 
tioners shall also publish for at least three consecu- Publicity, 
tive weeks, at their own expense, in at least two 
prominent newspapers in the county to be closed, the 
statement that such petition has been filed, with its 
purpose and the return day for information as fixed 
by the Board of Game Commissioners ; and shall file 
with said board duly certified copies of such notices 
as published in each newspaper, on or before said 
return day. If the written answers as returned shall 
fail to satisfy said Board of Game Commissioners 
that such closed season is necessary, or those opposing 
such action shall demand a hearing before said board, 
then a hearing shall be had, upon such date, and at 
such place within the county to be affected, as may 
be decided upon by the said Board of Game Commis- 
sioners, the expense of such hearing to be paid by 
those demanding the same. If after the receipt of 
the written answers, or the public hearing, or both, 
the Board of Game Commissioners shall be satisfied 
such closed season is necessary to insure the better 
protection of elk and deer, found in a wild state, 
and its consequent increase, they are herewith em- 
powered and directed to declare a closed season, not closed 
to exceed five years, for elk and deer, found in a season, 
wild state, as the investigation may demonstrate is 
needy in that county, or in those several counties, 
not exceeding four in number and adjoining one 
another, that through the separate action of its citi- 
zens has been in accord with the requirements of thia 
act. 



Hearing. 



84 



GAME, FISH AND FORESTRY LAWS 



Publication 
decisions. 



Violations. 
Penalty. 



Summary 
conviction. 



Action. 



Warrant. 



Hearing. 



Penalties. 

disposition 

of. 



The Board of Game Commissioners to make such 
closed season effective and binding shall be required to 
publish annually their decision and action regarding 
this matter in at least five newspapers, if there be 
that many, in each county affected thereby, and to 
have notices of such ruling, declaring such county 
closed to hunting, printed upon cloth, annually dis- 
tributed in reasonable numbers throughout the af- 
fected territory. 

Each and every person violating the requirements 
of such ruling made by the Board of Game Commis- 
sioners under the requirements of this act, shall be 
liable to a penalty of two hundred dollars for each 
elk, and one hundred dollars for each deer, taken, 
killed, wounded, or attempted to be taken, killed, or 
wounded upon said closed territory. 

Section 3. Each and every magistrate, justice of 
the peace, and alderman within this Commonwealth 
shall have the power of summary conviction in mat- 
ters pertaining to violation of any of the provisions 
of this act. All actions for violation of any of the 
provisions of this act, except where the defendant is 
taken in the act of violating the law or in a pursuit 
immediately following such violation, shall be com- 
menced by affidavit made within one year after the 
date of such violation; and any magistrate, justice of 
the peace, or alderman in this Commonwealth, on 
complaint made before him, by affidavit, by one or 
more persons, of a violation of any of the provisions 
of this act by any person, is hereby authorized and 
required to issue his warrant, under his hand and 
seal, directed to any constable, police officer, game 
protector, or any officer of the Commonwealth whose 
duty it is to protect the game and wild birds of 
the Commonwealth, and cause such person to be 
brought before him, such magistrate, justice of the 
peace, or alderman, who shall hear the evidence and 
determine the guilt or innocence of the person ac- 
cused ; and if such person be convicted of the offense 
charged he shall be sentenced to pay the full penalty 
prescribed by the section violated, together with the 
costs of prosecution. All penalties thus recovered, 
in cases where the prosecutor is a salaried officer of 
the Commonwealth, shall be immediately surrendered 
by the court receiving the same to the prosecutor, 
who in turn, as soon as may be, shall forward or 
deliver such amount in full to the secretary of the 



GAME, FISH AND FORESTRY LAWS. 



Board of Game Commissioners at Harrisburg. Where 
any officer of the Commonwealth, other than a sal- 
aried officer, is the prosecutor, one-half of any penalty 
thus collected shall be paid to such prosecutor by 
the court receiving the same ; and the remaning one- 
half shall be, as soon as the case is fully determined 
before him, forwarded by such magistrate, justice of 
the peace, or alderman to the Secretary of the Board 
of Game Commissioners at Harrisburg, together with 
a statement of the cause for which such money shall 
have been collected, the cost of which statement is State; ents. 
hereby fixed at fifty cents and made a part of the 
costs of prosecution ; and it shall be the duty of said 
Secretary of the Board of Game Commissioners to, 
at least once a month, make return of moneys thus 
collected to the State Treasurer, who shall keep the 
moneys thus collected as a fund separate and apart, gpnarate 
solely for the purpose of wild bird and game pro- fund, 
tection, and for the purchase and propagation of 
game under the supervision of the Board of Game 
Commissioners of the Commonwealth of Pennsylvania, 
and for the payment of bounties under the provisions 
of law. The several purposes to which the fund 
so received by the State Treasurer shall be applied 
to be clearly designated by an act of the Legislature, 
either in the general appropriation act or by separate 
appropriation for the payment of bounties. Any de- 
fendant being dissatisfied with the finding of the 
magistrate, justice of the peace, or alderman, in a 
trial for a violation of any provision of this act, 
shall be entitled to an appeal under the provisions of ■A.ppeal. 
section fourteen of article five of the Constitution, 
and the laws of Pennsylvania relating thereto; which 
said court, on the conviction of the defendant of such 
offense, and his failure to pay the penalty in full 
imposed by this act, together with the costs 'of prose- 
cution, shall commit such defendant to the common 
jail of the county for the time as prescribed by this 
act: Provided, That any person caught in the act, 
or charged with a violation of any provisions of this 
act, may, at his discretion, either before or after the 
bringing of suit, sign an acknowledgment of the of- 
fense committed, and pay to any duly authorized game 
protector or deputy game protector the penalty in 
full, as fixed by the section violated, together with 
costs, if any, to date, and the receipt which h( 
shall receive therefrom and which in all instances sha^i 



Proviso. 



86 



GAME, FISH AND FORESTRY LAWS, 



bear the imprint of the seal of the Board of Game 
Commissioners and the signature of its Secretary, 
shall be evidence of full satisfaction of the offense com- 
mitted . 
Repeal. Section 4. All acts or parts of acts inconsistent 

with the provisions of this act are hercbv repealed. 
Approved— The 29th day of April, A. D. 1913. 

JOHN K. TENER. 



AN ACT 



Foxes. 

Killing of 
by certain 
methods in 
Delaware 
countv pro- 
hibited. 

Violations. 

Penalty. 

Proviso. 



Repeal. 



To prohibit the killing of foxes by certain methods 
in Delaware County, and fixing a penalty for viola- 
tion of the act. 

Section 1. Be it enacted, &c.. That it shall be un- 
lawful for any person to shoot or trap or snare or 
poison any fox within the limits of Delaware County. 

Section 2. Any person who shall violate any of the 
provisions of this act shall be guilty of a misdemeanor ; 
and upon conviction thereof before any alderman, 
magistrate, or justice of the peace of the proper 
county, shall, for the first offense, be sentenced to 
pay a fine of not more than five dollars, and for each 
suiasequent offense a fine of not less than ten nor more 
than fifty dollars. 

Section 3. Provided, however, nothing in this act 
shall be construed to prevent any person or persons 
from shooting a fox, or foxes, destroying their prop- 
erty . 

Section 4. All acts and parts of acts inconsistent 
with this act are repealed. 

Approved— The 1st day of May, A. D. 1913. 

JOHN K. TENER. 



This is not a game law, and is placed in this book 
as a matter of information to sportsmen. 



GAME, FISH AND FORESTRY LAWS. 



87 



AN ACT 

For the better protection of wild turkeys in this 
Commonwealth . 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, it shall be unlawful to 
shoot at, or wound, or kill, at any time of the year, 
any wild turkey in this Commonwealth, for a period 
of two (2) years from the passage of this act. Each 
and every person who shall violate the provisions 
of this act shall be liable to a penalty of twenty-five 
dollars for each wild turkey shot at, or wounded, or 
killed, in violation of this act, or to sutfer an im- 
prisonment of one day in the common jail of the 
proper county, for each dollar of penalty imposed 
and unpaid. 

Section 2. Each and every magistrate, alderman, 
and justice of the peace in this Commonwealth shall 
have the right and power of summary conviction re- 
garding any violation of this act, and all violators 
shall be prosecuted under the forms prescribed by sec- 
tion thirty-one of the act of May first, one thousand 
nine hundred and nine, entitled "An act to provide 
for the protection and preservation of game, game- 
quadrupeds, and game-birds, and song and insecti- 
vorous and other wild birds, and prescribing penalties 
for violation of its several provisions," and all pen- 
alties shall be applied as therein provided. 

Section 3. All acts or parts of acts inconsistent 
with the provisions of this act are herewith repealed. 

Approved— The 8th day of May, A. D. 1913. 

JOHN K. TENER. 



Game. 



Wilk tur- 
keys, closed 
season. 



Penalty. 



Summary 
conviction. 



Repeal. 



AN ACT 

To prohibit the use of firearms of any description upon 
lands set apart to hospital, or sanatorium, or park, 
or resort uses, whereon human beings congregate 
in the open, in quest of health, recreation, or 
pleasure in this Commonwealth, and providing pen- 
alties for violation of its several provisions. 

Section 1. Be it enacted, &c.,That, from and 
after the passage of this act, it shall be unlawful for 
any person within this Commonwealth, at any time 



GAME, FISH AND FORESTRY LAWS 



of the year, to discharge a shotgun or a rifle, or a 
firearm of any description, except in defense of per- 
son or property, or by the written consent of the 
owner of person controlling the same, upon the 
grounds belonging to, or connected with and controlled 
by, those operating a public or private hospital or 
sanatorium, or park or resort, set apart to the use of 
the public either free or otherwise, and upon which 
human beings congregate in the open, in quest of 
health, recreation, or pleasure, — such lands being 
surrounded by a marker, either a fence or single 
wire, or a marker of any description that will clearly 
designate the boundaries thereof, and a line of notices 
printed upon cloth, or painted, and posted not to 
exceed one hundred yards apart along said marker, 
calling attention to the fact that the land within such 
enclosure has been set apart for a specific purpose 
(naming it), and that shooting upon such property 
it prohibited: Provided, That no privileges may be 
given by those owning or operating such lands to any 
person to hunt for or shoot at either animals or 
birds classed as game, in this Commonwealth, upon 
such property. Each and every person violating any 
provision of this act shall be guilty of a misdemeanor ; 
and upon conviction shall be liable to a penalty of 
twenty-five dollars for the first offense, or, in lieu 
thereof, shall suffer an imprisonment in the common 
jail of the county of one day for each dollar of pen- 
alty imposed for the first oft'ense ; and for the seocnd 
and each succeeding offense after the first offense, 
shall, in addition to the penalty imposed for the first 
offense, undergo an imprisonment of one day in jail 
for each dollar of penalty imposed, no matter whether 
the penalty in cash be paid or not. 

Section 2. Each and every State policeman, local 
policeman, constable, game protector, or any other 
peace officer, in this Commonwealth, is herewith 
given authority to, and it is made his duty to, arrest 
without warrant any person caught in the act of 
violating any provision of this act, and to follow the 
usual course of serving a warrant, arresting, and 
prosecuting persons charged with misdemeanors in 
this Commonwealth in all cases where the informa- 
tion of such violation is by any other person brought 
to the attention of the officer. 

All penalties collected for violation of any provision 



GAME, FISH AND FORESTRY LAWS. 



89 



of this act shall be delivered to the county treasurer of 
the county in which the conviction is secured, to be 
used as other funds belonging to the county are used. 

Section 3. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 6th day of June, A. D. 1913. 

JOHN K. TENER. 



Repeal. 



No. 467. 
AN ACT 

Creating a reward or bounty for the destruction of 
certain noxious animals and birds killed within 
the Commonwealth of Pennsylvania ; providing a 
method for the payment of the same by the several 
counties of the Commonwealth, which in turn are 
to be reimbursed by the Commonwealth; and pro- 
viding penalties for violation of its several pro- 
visions. 

Section 1. Be it enacted, etc.. That from and 
after the passage of this act, a reward or bounty 
shall be paid by this Commonwealth for the killing, 
within the Commonwealth only, of the following 
noxious animals and birds, as follows. For each 
wildcat the sum of four dollars; for each gray 
fox, the sum of two dollars; for each weasel, 
the sum of two dollars ; for each goshawk or sharp- 
shinned hawk , the sum of fifty cents ; and for each 
great horned owl, the sum of fifty cents. 

Section 2. It shall be the duty of any perspn, 
who, having killed one of these animals or birds with- 
in the Commonwealth, and being desirous of securing 
the reward or bounty named in section one of this 
act, to produce such slain animal, or the entire pelt 
of such animal, before any person authorized to ad- 
minister oaths in the county in which said animal or 
bird was killed, and to make affidavit that he or 
some member of his family killed the same, stating 
clearly the time of such killing, and that the place 
at which such animal or bird was killed (naming it) 
was within the Commonwealth of Pennsylvania. Upon 
the production of such animal or pelt, or of such 
bird, and the making of such affidavit, the said 
official shall, in the presence of the party making 
such affidavit and at least one elector of th6 county 



Noxious 
animals and 
birds. 

Bounty for 
the destruc- 
tion. 

Wildcat, 
weasel, gray 
fox, gos- 



sharp- 
shinned 
hawk, and 
great horned 
owl. 

Procedue to 

secure 

bounty. 

Affidavit. 



GAME. FISH AND FORESTRY LAWS. 



in which the claim is made, cut off the ears from 
such animal or pelt, or the head of such bird, and 
burn the same, and split the skin of the face of the 
animal from between the eyes through the end of the 
nose . 

Section 3. Upon the destruction of such ears or 
head, and the splitting: of the skin of the face of 
such animal, the said official shall give to the party 
mnkins such affidavit a certificate, directed to the 
commissioners of the county in which he has juris- 
diction, settin.i^- forth clearly the fact that the pro- 
visions of this act have been complied with, naming 
the kind of animal killed, the name of the person 
killing it, the time it was killed, and the name of 
i.he place within the Commonwealth where it was thus 
killed. Upon the presentation of such certificate in 
proper form, the commissioners of the county shall 
give an order for the amount named in such certificate 
to the person presenting the same, drawn upon the 
county treasurer, directing the payment of the re- 
ward or bounty as provided for in this act, and the 
county treasurer shall at once, upon presentation of 
said order, pay the same from the funds in his hands 
belonging to said county. 

Section 4. The county commissioners of the several 
counties of this Commonwealth shall keep an accurate 
account of all applications made to them for bounty 
under the provisions of this act, and shall, on or about 
the first of January and the first day of June of each 
year, prepare and forward to the Auditor General of 
the Commonwealth, at Harrisburg, an itemized state- 
ment, to be prepared upon a form supplied by the 
Auditor General at the cost of the Commonwealth, of 
all the several amounts directed by them to be paid 
between the aforesaid dates, and under the provisions 
of this act, making affidavit thereto, and accompany- 
ing the same by a sworn statement of the county 
treasurer, setting forth the fact that the several 
amounts were actually paid by him in compliance with 
said orders; and the Auditor General shall, if he 
finds the before-named return in proper form, draw 
a warrant in favor of such county, upon the State 
Treasurer, for the amount so claimed and approved; 
which said warrant upon presentation to the State 
Treasurer, shall be paid out of the funds which shall 
hereafter accumulate in the hands of the State Treas- 
urer from the fifty per centum of the fees paid for 



GAME, FISH AND FORESTRY LAWS. 



91 



hunter's licenses, as provided by section twelve of the 
act of Assembly, approved the seventeenth day of 
April, Anno Domini one thousand nine hundred and 
thirteen, entitled "An Act for the better protection of 
wild birds, and game within the Commonwealth of 
Pennsylvania ; requiring citizens of the United States 
residing within this State to procure a license be- 
fore using guns for the purpose of hunting for any 
wild birds or animals protected by the laws of this 
Commonwealth ; and providing penalties for violation 
of its several provisions, and the manner of proceed- 
ing to enforce compliance therewith and providing 
for the disposition of the license fees and the pen- 
alties received." 

Section 5. No person shall at any time be paid a 
bounty for the killing of any animal named in this 
act the skin of which has had the ears cut off, or the 
front of the face split, or of any bird which has 
had the head cut off, before presentation to the per- 
son authorized to take affidavits under the provisions 
of this act; and no person shall at any time collect, 
or attempt to collect, a second bounty for the killing 
of any animal or bird under the provisions of this 
act ; shall attempt to collect such bounty through the 
presentation of the skin or head, or any part thereof, 
of an animal or bird not named in this act, or 
through deception of any character ; and it shall be 
imlawful for any person in this Commonwealth to 
present, for the purpose of securing the bounty pro- 
vided for by this act, the skin or head, or any part 
thereof, of an animal or bird that has been reared 
in captivity ; or the skin or head, or any part thereof, 
of any animal or bird killed or captured outside of 
this Commonwealth. Each and every person who shall 
wilfully or fraudently collect or nttempt to collect any 
reward or bounty provided for by this act, to which 
he or they are not legally entitled under the provisions 
of this act, or shall aid or abet or assist in any 
capacity, official or otherwise, in an attempt to de- 
fraud the State, through the collection or payment 
of any reward or bounty provided for by this act, 
shall be guilty of a misdemeanor ; and upon conviction 
thereof shall, in addition to the penalty that may be 
imposed for perjury where a false affidavit is made, 
be sentenced to pay to the Commonwealth of Penn- 
sylvania a fine of not less than one hundred dollars 
or more than five hundred dollars, or suffer an im- 



When coun- 
ty shall not 
be paid. 



Deception, 
etc. 



Violations. 



Penalty. 



52 GAME, FISH AND FORESTRY LAWS. 

prisonment in the common jail of the county for a 
period of one day in jail for each dollar of fine im- 
posed 
Kepeal. Section 6. All acts or p'lts of acts inconsistent 

with this act are hereby repealed. 
Approved— The 25th day of July, A. D. 1913. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS. 93 



BOARD OF GAME COMMISSIONERS. 

Dr. Charles B. Penrose, President, Philadelphia, C. K. Sober, 
Lewisburg; John M. Phillips, Pittsburg; Arthur Chapman, 
Doylestown ; Lanning Harvey, Wilkes-Barre ; W. H. McCaleb„ 
Harrisburg, Joseph Kalfbus, Harrisburg, Secretary. 

NOTICE. 

Commonwealth of Pennsylvania, 
Office of the Board of Game Commissions, 
Harrisburg, Pa., July 15th, 1911. 

The Game Commission of Pennsylvania wishes it to be fully 
and distinctly understood that they are trying to interpret and 
enforce the game law of this State according to their idea of 
its spirit and purpose, rather than its exact wording. For in- 
stance the law says that no person shall have a game bird in 
possession except during a certain season, nor shall anyone have 
in possession at any time a bird of a kind, known as "a wild- 
bird other than a game bird," excepting under the provisions 
of law. If upon investigation it develops that a bird of either of 
these kinds was taken into possession through a spirit of kindness 
and with the intent to benefit, or save the life of a suffering bird, 
we will construe this action to be in accord with what we under- 
stand to be the purpose of the law. Namely, a step toward the 
preservation and protection of our birds, and one that should 
be commended rather than condemned. 

Again, while the letter of the law permits the Game Com- 
mission or its duly authorized officers to do certain things that 
it forbids the ordinary citizen to do, we construe this to be a 
provision intended to benefit the Commonwealth and not in- 
tended to benefit the officer, and will in no instance permit such 
officer to exercise a privilege of this kind for personal profit.. 
We will not permit one of our officers to lead an innocent person 
into tempation for the purpose of collecting a penalty — either 
for his own use or for the use of this office. For instance, 
the law gives game protectors, for the purpose of securing evi- 
dence, the right to buy or sell certain game, but may not be 
bought or sold for any purpose by any other individual in the 
State, under a penalty of twenty-five dollars. A country boy 
may kill a pheasant, and a dollar to him may exceed several times 
over the value of the bird. We will not permit any of our officers 



94 GAME, FISH AND FORESTRY LAWS. 

to lead such a person into a violation of the law for the purpose 
of collecting a penalty. Neither will we, for the purpose of mak- 
ing a case, permit an officer to sell game to an unwary and 
entirely innocent individual, who may be hunting. But where 
we are led to believe persons are wilfully and deliberately violating 
the law, either through the purchase or sale of game of a kind, the 
purchase or sale of which is forbidden, we feel that it devolves 
upon us to break up such practice, and will do our best to secure 
the necessary evidence to attain that end. 

The game law of this Commonwealth provides that game killed 
in this Commonwealth may be had in possession at certain times, 
only, and imposes a penalty for having such game in possession 
at any other time, we do not understand the intent of this law 
to arbitrarily mean that, men may have game in possession, 
only at a certain time, but, instead, was intended to safeguard the 
lives of game birds or animals, by making the possession of game 
out of season, an evidence that the game in question, was killed 
illegally. Therefore, w.here it is evident, that the deer or any 
other animal, or bird, was not killed, by the man having it in 
possession, or through his instrumentality, as for instances a 
deer killed by a railroad train, we can see no good reason why 
some human being may not be benefited through using the flesh 
of such animal, rather than to have it rot upon the ground or 
become the food of dogs or crow. 

Again, an act passed by the Legislature of 1909 says the 
unnaturalized foreign born resident, may not hunt, or shoot, in 
this Commonwalth and to that end, shall not be possessed of 
either shotgun or rifle, this last provision to our minds means a 
shot gun or rifle that can be used to shoot with, not some old 
and useless gun, or a part thereof and we will not permit any 
officer under our appointment, to use this act for either a purpose 
of persecution or to secure dollars to his own profit. 

These illustrations cover the principal we have adopted as 
our guide. We are striving to preserve the game and wild birds 
of the State for the benefit of all people of the State. Wild 
birds, because of the value of their life work ; game birds for the 
same reason; and in addition, the value to man of an outing in 
pursuit of such game and its value as a food supply. In conformity 
with these ideas the Game Commission proposes to prosecute and 
punish all violators of the game laws that may come to their notice. 
It will thankfully receive, and hereby earnestly invites any in- 
formation relative to violations of the game laws of the State. 
We ask that letters upon this subject be made as comprehensive 
as may be, giving, as far as possible, the name of the offender, the 
location, the nature of the offense, and the date upon which it 
was committed, with the names of witnesses and the postoffice 



GAME, FISH AND FORESTRY LAWS. 95 

addresses of the same, so that we may be able to investigate 
quickly, intelligently and with as little expense as possible. 

This request includes misconduct upon the part of our officers 
as well as violations of the game laws. The name of any person 
giving us information in this way will be held strictly confidential. 

We have many officers whom we have never met, and of whom, 
personally, we known nothing, they have come to us, recommended 
by the friends of game protection in the several communities in 
which they may reside, we cannot hope to know of unfair or 
unjust treatment upon the part of these men, unless those who 
do know of it, notify us, and we ask you to help us in this mat- 
ter as well as any other feature of the work. We want the en- 
for<;ement of the Game Law to be clean and just in all ways. 
Respectfully yours, 

JOSEPH KALFBUS, 
Secretary of the Game Commission. 



GAISIE, FISH AND FORESTRY LAWS 



SUMMARY OF IMPORTANT PROVISIONS OF THE GAME 
LAWS OF PENNSYLVANIA. 



The Game Commission has nothing whatever to do with the 
enforcement of either the fish or forestry laws of this Common- 
wealth. 

All letters on the subject of game, song, or insectivorous birds, 
should be addressed to the Secretary of the Game Commission 
at Harrisburg. 

Game protectors have the authority to enforce only the game 
laws of the State. They have no authority to arrest for viola- 
tion of any other law, and an appointment of this kind carries 
no special rights or privileges, to the officer as an individual. 

A game protector is authorized to enter upon any land within 
the State, in the line of his duty, for the purpose of enforcing 
the law but he has no right, as an individual, to hunt, or in 
any manner trespass, upon posted lands, contrary to the wish 
of the owner thereof. 

A game protector is authorized to act anywhere in the State. 

All game protectors, deputy game protectors and special deputy 
game protectors of the Commonwealth of Pennsylvania, appointed 
by the Board of Game Commissioners, also all members of the 
State police authorized by act of May 2, 1905, are vested with 
like powers, and have the right to arrest without warrant, or to 
search the person or property of any one they may catch in the 
act of violating any game law of the Commonwealth or whom 
they may catch in pursuit immediately following the act, or 
whom they have reasonable cause to suspect of having tvithin a lim- 
ited time, violated any of the game laws of the State. But they are 
not authorized to arrest or search without warrant, after the of- 
fender has once reached his place of residence, unless they were 
actual witnesses to the violation and as rapidly as possible followed 
the offender to that place. 

Constables of the several wards, boroughs and toAvnships of 
this Commonwealth are ex-officio game wardens, and have the 
same power throughout the county, wherein they are elected 
as have the protectors appointed by the Game Commission. 



GAME, FISH AND FORESTRY LAWS. 97 

Constables are liable to fine and imprisonment where they 
neglect or refuse to enforce the game laws, after their atten- 
tion has been called to the matter, in a prescribed form. 

Section 5, Act of March 22, 1899, page 15. 

Any person or persons interfering with a game protector of 
this Commonwealth in the discharge of his duty, or resisting 
arrest shall be liable to a penalty of one hundred dollars. 

Section 4, Act of May 21, 1901, page 18. 

A constable where he is the prosecutor is entitled to one- 
half of the penalty recovered, and to ten dollars extra from the 
county, for each conviction secured for violation of the game, 
or forestry laws. Deputy game protectors are entitled to the 
same reward. Game protectors and special deputy game pro- 
tectors are not so entitled. 

Any citizen of the Commonwealth has the right to prosecute 
for violation of the game laws, and is entitled to onehalf of all 
penalties recovered. 

Attention is called to the fact, that, the one who prosecutes, 
for violation of the game law is entitled to part of the penalty re- 
covered, not the one who is simply the informer. 

Where a person is caught in the act or is arrested for violat- 
ing any law of this Commonwealth giving protection to game, 
song, or insectivorous birds, he is to be tried summarily. 

Section 31 of the Act of May 1st, 1909, page 52. 

No unnaturalized, foreign-born resident can legally own or 
have in possession a rifle or shot gun, or can hunt or shoot, 
within the Commonwealth. 

Act May 8, 1909, page 54. 

The constitutionality of this act has been sustained by both 
the Superior and the Supreme Courts of the Commonwealth. 
See citation No. 46, page 232. 

There shall be no hunting or shooting on Sunday. 
Penalty, $25. Section 1, May 1, 1909, page 31. 

When an arrest is made for violation of that provision of the 
game law prohibiting hunting on Sunday, the evidence and 
the record, must show that game or wild birds were hunted 
for or killed, the kind of game or birds hunted, or killed had 
best be named. It will not do to simply charge the defendant 
with hunting or shooting on Sunday, the game laws of this 
State were passed for the protection of game and wild birds 
7 



98 GAME, FISH AND FORESTRY LAWS, 

and not to preserve the sancity of the Sabbath, and the courts 
have held, that before a defendant can be convicted of violat- 
ing section one, of the act of May 1, 1909, it must be proved 
that game or a bird of some kind protected by this act was 
hunted or killed on Sunday. 

It is therefore not a violation of the game law of this State to 
shoot on Sunday, at targets or at a mark, or at a crow, or a 
hawk, or a fox, or at any other thing, not protected by the game 
laws of this State. 

All magistrates, justices of the peace, and aldermen should 
follow the form prescribed in the act violated, and their rec- 
ord should show that this has been done. This will avoid 
trouble on certiorari. 

In receiving or drawing a complaint, for the violation of any 
of the provisions of the game laws or fish laws of this State, 
it would be well to follow strictly the wording of the section 
violated, and the record should show that this has been done. 

The Record should show: 

That an offense was committed. That said offense was com- 
mitted within the jurisdiction of the court hearing the case. 

That the prosecution was brought within the statutory time. 

That the complaint was sworn to. 

That a warrant was issued and the arrest made on said war- 
rant which was duly returned. 

Or 

That the arrest was made on sight without warrant. 

That the defendant was present at the hearing. 

That the evidence as offered on both sides was heard under 
oath. 

The record must show at least the substance of such evi- 
dence. 

That the defendant was because of such evidence either con- 
victed or acquitted. 

If conviction that he was sentenced to pay the penalty imposed 
by law. 

That upon refusal to pay said penalty he was committed to 
the jail for a period of one day for each dollar of penalty imposed. 

And that this was done6e/ore he was permitted to enter hail 
on appeal. 

The killing of game except through the use of a gun is illegal, 
excepting that rabbits may be taken through the use of box 
traps, and bears may be taken through the use of pens. 

Section 15, Act May 1st, 1909, page 42. 



GAME, FISH AND FORESTRY LAWS. 99 

Squirrel or rabbits known to be injuring trees or growing crops 
may be killed at any time, but such animals so killed cannot be 
used for food or be sold. 

Section 25, Act May 1st, 1909, page 49. 

The use of what is commonly known as the automatic gun 
for killing game in Pennsylvania is prohibited. This applies 
to all kinds of automatic guns, rifle as well as shot guns. 

But does not apply to pump guns or lever guns, or to any gun, 
<pxeopt those, that through the recoil produced by the discharge of 
n loaded shell, ejects the empty shell, throws a loaded shell into 
the barrel and cocks the gun. 

Act of May 1st, 1909, page 30. 

This act was pronounced unconstitutional by the Court of Dela- 
ware County. The case was carried to the Superior Court on ap- 
peal. On May 10, 1909, the Superior Court handed down its de- 
cision reversing the ruling below and confirming the constitution- 
ality of this act. See citation among legal opinions, page 227. 

It is illegal to kill any game birds during the night time. 
Section 15, Act May 1, 1909, page 42. 

This provision is limited to game birds and does not apply to 

game animals. The National law page forbids the shooting of 

migratory birds before sunrise or after sunset. 

Wild water fowl may be legally shot at before sunrise of any 
day. 

Section 2, Act June 15th, 1911, page 60. 

Not to exceed 20 decoys may be legally used by one person at 
one time. 
Section 1, Act June 15th, 1911, page 60. 

No wild water fowl either killed in this State or brought into 
this State between the first of January and the first of September 
of the same year, can be sold. 

Section 22 of the Act of May 1st, 1909 as amended by the Act 
of May 9th, 1913, page 47. 

Nothing in this section attempts to interfere with the one who 
may bring wild water fowl into this State at any time, for hig 
own use, or for any purpose, exception that of sale. 

Nothing in this section can be construed to alter or change th^ 
•open season for wild water fowl. 



100 GAME, FISH AND FORESTRY LAWS. 

The open season for deer in this Commonwealth is from the 
tenth day of November to the twenty-fifth day of November of 
each year, and 

But one deer can be legally taken or killed in this Common- 
wealth during one season, which must in every instance be a 
male deer with horns extending at least two inches above the hair. 

Section 18 of the Act of May 1st, 1909, as amended by the Act 
of May 1st, 1913, page 44. 

It is illegal to have in possession or under control any deer 
killed in this Commonwealth or part thereof, except during 
the open season for such game in this Commonwealth and for 
thirty days thereafter. 

Section 18, Act May 1, 1909, page 44. 

It is illegal to make use of what is known as buck-shot, 
in hunting deer or to kill, or wound, or to attempt to kill, or 
wound, any deer, by or throrgh, the use of gun of any kind 
propelling or emitting, more ti.an ona pellet, bullet or ball, at 
a deer, through a single discharge. 

It is illegal to kill or capture any deer in the waters of the- 
State. 

It is illegal to "make use of a dog or dogs in hunting deer" 
in this State. 

Section 19, Act May 1, 1909, page 45. 

Any dog following upon the track of deer or fawn within 
this Commonwealth is declared to be a public nuisance, antf 
may be killed by any person, when so seen. 

Or by an officer of the State whose duty it is tr ':)rotect the- 
game of the State, within one year from the date of ihe commis- 
sion of the offense. 

And the owner of such dog shall be liable to a penalty of 
twenty-five dollars for each deer or fawn pursued, and fifty dollars 
for each deer or fawn killed by such dog, running at large without 
the aid of its master ,and double that amount when dogs are al- 
lowed to run deer after notice, this penalty to be collected as 
are other penalties under the provisions of this act. 

Section 20, Act May 1, 1909, page 46. 

By the Act of April 2nd, 1913. Page 82, Elk in this State are 
given absolute protection until Nov. 14, 1921, after which time 
a male elk having not less than 4 points to an antler may be* 
killed. 



GAME, FISH AND FORESTRY LAWS. 101 

The same laws relating to the running of deer by dogs applies 
to elk, the same provisions controlling the time and manner and 
place of killing deer will apply to elk after Nov. 14th, 1921. 

Dogs of any description may be killed by the owner or lessee 
of lands on which they are found, or by any officer of the State 
whose duty it is to protect the game of the State, when pursuing 
small game of any kind out of season, off land controlled by the 
owner of such dogs, unless the dog wears a collar bearing the name 
and address of the owner, in which case notice must be given before 
the dog is killed. 

Section 21, Act of May 1, 1909, page 46. 

Dogs of all descriptions are, unless they have a tax tag at- 
tached to their collar, declared a public nuisance, and may be 
killed by certain persons. 

Section 7, Act June 15th, 1911, page 62. 

It is illegal to discharge on any of the streets or alleys of any 
€ity or borough of the Commonwealth any flobert rifle, air gun 
or spring gun, or any implement which impels with force a metal 
pellet of any kind. 

Act of April 15, 1903, page 22. 

Seized guns and hunting paraphernalia will be sold unless 
fine and costs are paid and the fact that imprisonment is suffered, 
will not effect the release of these articles. 

Section 4, Act May 1, 1909, page 32. 

Costs cannot be imposed upon officers, whose duty it is to enforce 
the game laws, said costs must be paid either by the defendant 
or the county. 

Act of April 16, 1903, page 23. 

All prosecutions for violations of the game laws, must be com- 
menced within one year, from the date of the commission of the 
offense. 

Section 31, Act May 1, 1909, page 52. 

Possession of game out of season, is prima facie evidence that 
it was taken illegally. 

Section 29, Act May 1, 1909, page 52. 

It is illegal to ship or remove, to attempt to ship or remove 
from this State, or to knowingly permit the shipment or removal 
out of this State of any game bird or game quadruped, except 
when it is to be returned to the State, except by Ihose who have 
paid a non-resident license. 



102 GAME, FISH AND FORESTRY LAWS. 

Penalty not less than $50, or more than $100. 
Section 28, Act May 1, 1909, page 51. 

Non-residents who have paid the license can carry certain game 
out of the State under certain restrictions. 
Section 28, Act 1909, page 51. 

It is illegal to ship or remove any wild bird other than a game 
bird or any part thereof out of the State, without permission of 
the President of the Game Commission, or to sell or exchange parts 
of such birds. 

Penalty not less than $50 or more than $100. 

Section 6, Act May 1, 1909, page 34. 

It is illegal to kill, in any one day, more than five ruffed grouse, 
commonly called pheasant, or more than twenty of these birds 
in one week, or more than fifty of these birds in any one season. 

It is illegal to kill, in one day, more than 10 English, Mon- 
golian or Chinese pheasants, or more than twenty of these birds 
in one week, or more than fifty of these birds in any one season. 

Or to kill in any one day more than ten woodcock, or more 
than twenty of these birds in any one week, or more than fifty of 
these birds any one season. 

Or to kill in any one day, more than ten quail, commonly 
called Virginia partridge, or more than forty of these birds in 
any one week, or more than seventy-five of these birds in one 
season . 

A close season of two years has been placed upon wild turkeys in 
Pennsylvania. No bird of this kind can therefore be legally killed 
in this State before the open season of 1915. 

See Act of May 8th, 1913, page 87. 

Penalty $25 for each one killed in violation of law. 

Section 17, Act May 1, 1909, page 44, Sec. 1, Act May 8th, 
1913, page 87. 

Or to kill more than ten rabbits in any one day . 

Or to kill in any one day, more than six of the combined kinds 
of fox, black or grey squirrels. 

Penalty, $10. 

Section 25, Act May 1, 1909, page 49. 

It is illegal to kill or capture any bear or cub from the first 
day of January to the first day of October of each year. 

Or to have in possession any bear or cub caught or taken 
during that time. 

Penalty $50 for each bear or cub killed, or possessed con- 
trary to law. 

Section 25, Act May 1, 1909, page 49. 



GAME, FISH AND FORESTRY LAWS. 103 

It is illegal to use ferrets in hunting rabbits. 
Penalty, $25. 

Ferrets used in violation to law to be killed. 
Section 27, Act May 1, 1909, page 50. 

It is illegal at any time to set, lay or prepare or use any 
kind of a trap, snare, net, bird-lime, pit-fall, deer lick, turkey 
blind, turkey call, turkey pen, or any other kind of a contrivance 
whatever, with intent to capture or kill any of the wild birds or 
animals protected by the laws of this State. 

Except that decoys may be used in hunting geese, ducks and 
brant. 

And that rabbits may be taken in season only through the use 
of a gun and by box traps. Bear may be caught in a pen. Steel 
traps forbidden for catching bear or game of any kind. 

Amended section 15, Act May 1, 1909, page 43. 

Quail may be trapped from first day of January to the first 
day of April for the purpose of keeping them alive during the 
winter or for the purpose of separating a covey, and all birds so 
trapped must be released as soon as the weather is suitable in the 
spring. 

Section 30, Act May 1, 1909, page 52. 

Upland or grass plover can be legally killed from July 15 to 
December 1, during this year. 

Ducks and geese commonly called wild water fowl may be 
legally killed from September 1 to the 16 day of December next 
following . 

Rail and reed birds can be legally killed from September 1 to 
December IGth. 

Blackbirds of all kinds may be killed only when destroying 
property. 

Blackbirds, doves and kill-deer are taken from the list of game 
birds and given continuous protection, except that blackbirds may 
be killed when found destroying certain things. 

See Act of March 21th, 1913, page 65. 

It is illegal to hunt or pursue or follow after with intent to 
kill or injure web footed wild fowl (ducks, geese or brant), from 
or with any craft propelled by any means other than oars, pole, 
or hand paddles. 



1(M GAME, FISH AND FORESTRY LAWS. 

Penalty $50 per day for each day, such illegal craft may be 
used, and forfeiture of all boats, guns, and shooting paraphernalia 
used in violating the law. 

All guns and shooting paraphernalia used in violating any 
game law of the Commonwealth, forfeited, unless penalty im- 
posed and costs be paid. 

Section 16, Act May 1st, 1909, page 43. 

It is illegal to hunt or kill for wages or hire, directly or in- 
directly, any deer, or fawn, ruffed grouse, commonly called 
pheasant, quail commonly called Virginia partridge, wild-turkey 
or woodcock . 

Penalty $25. 

Section 24, Act May 1, 1909, page 49. 

Beaver are protected at all times. 

Penalty $100. 

Act March 17, 1903, page 19. 

Woodchucks or ground hogs, possums, foxes, wild cat, mink, 
weasels, skunks, porcupine, musk rats, and red squirrel can 
be killed at any time. 

And it is not a violation of the Resident Hunters' License Act, 
to hunt for or shoot at any of these unprotected animals or at 
any unprotected bird, or at targets, or at any other thing not 
protected by the Game laws of this State, without being first 
possessed of such license. 

This law required only those who hunt for game animals, or 
game birds to secure this Resident Hunters' License and it per- 
mits the owner or lessee of lands within the Commonwealth wfio 
resides upon and cultivates such lands to hunt thereon without 
securing the license. It also permits such owner or lessee to hunt 
on lands immediately connected with his lauds, if he has permission 
to go thereon from the one in control thereof. 

Nothing in this Act attempts to give the right to anyone to hunt 
on lands contrary to the wishes of the one who coutroUs such lands 
and does not in any manner conflict with the trespass laws of the 
State . 

The Resident Hunters' License can be secured from County 
Treasurer, or from Justices of the Peace, who have arranged 
with the County Treasurer to issue these licenses for him. 

The cost is one dollar to the Treasurer and one dollar and fif- 
teen cents to the Justice, and the license is good only during the 
year the date of which it bears. 



GAME, FISH AND FORESTRY LAWS. 105 

Under the law a tag, must accompany each license, the tag 
to be worn on the back of the arm, when hunting the license 
and tag must be numbered. See to it that the number on the license 
and tag issued to you, are the same. 

Both license and tag must be carried when hunting and must 
be exposed to view upon demand of those in authority. 

Persons under the age of 14 years cannot secure a license and 
persons between the ages of 14 and 16 years can secure such license 
only upon the presentation of a written request for same, by the 
parent or guardian of the applicant. 

All license fees and all penalties collected for violation of any 
provision of this act go, direct from the person collecting the 
same to the State Treasury to be there held as a fund separate 
and apart for the purpose of game protection and increase and 
can be taken from such Treasury only by Act of Assembly, 
every cent so taken must be accounted for by voucher to the 
Auditor General. 

One-half of all moneys collected through or because of this Act 
must be applied to the payment of bounties, the remainder goes 
through Acts of the Legislature, to the Game Commission, to be 
used by them in manner as directed by the Legislature. 

Not one cent of the money collected under the provisions of this 
Act can be used except by Legislative enactment. 

All non-residents must secure a license before hunting in this 
State. Fee $10. Penalty $25, and forfeiture of all gunning para- 
phernalia found in possession of arrested parties. 

Act o-f April 14, 1903, page 20. 

Game of all kinds may be held in possession for thirty days, 
after the close of the season for killing the same. 
Section 26, Act May 1, 1909, page 50. 

The coon is made a game animal and protected from January 
1st to September 1st of each year. 
Section 1, Act June 3, 1911, page 58. 

Special attention is called to the fact that all guns, boats and 
shooting paraphernalia used in violating the law, are declared for- 
feited, unless penalty and costs imposed be paid. 

Section 4, Act May 1, 1909, page 32. 

Special attention is called to the fact that a second offense 
carries sure imprisonment, the payment of the penalty brings no 
relief. 

Section 4, Act May 1, 1909, page 32. 



106 GAME, FISH AND FORESTRY LAWS. 

Special atteution is called to the fact that game killed in 
this Commonwealth may be had in possession only, during the 
open season for such game and for thirty days thereafter. Re- 
member therefore that when a deer or a number of deer are brought 
out of the woods on the last day of the season that they must 
be consumed before the 26th day of December next following. This 
is the law. If hunters are not disposed to abide by its provisions 
they need not kill the deer. If game of any kind is taken at all, 
it is taken under the provisions of the law, and of all the law. If 
it is taken and had in possession after the lapse of thirty days 
after the close of the season the holder thereof must be prepared to 
abide by the consequences. 

Special attention of hunters is called to the act relative to 
trespass, on page 23. The act is not a game law but is published 
in this book for the benefit of sportsmen, both hunters and fish- 
ermen . 

Special attention is called to section 20 of the act of May 1, 
1909, relative to the use of dogs in hunting deer. Who shall be 
liable to pay penalty, and what shall constitute a violation of 
this provisions. Pa.ue 45. 

Special attention of men who own dogs is called to section 21 
of the act of May 1, 1909, relative to dogs hunting small game 
out of season, page 48. No person except the owner of land or 
the lessee of such land, or an officer of the State whose duty it 
is to protect the game of the State, can kill a dog for violation 
fo the provisions of this act, and then only under prescribed con- 
ditions, and on land not controlled by the owner of such dog. 

Under the provisions of the Act of 1911, dogs without a tax 
collector's tag to their collars, are made a public nuisance, and 
may be killed l3y certain persons and it is made the duty of 
the constable to kill all such dogs. 

Page 64. 

Elk and deer are fond of salt and are benefited by salt just as 
much as are cattle, and it is not a violation of the law of this 
State to place salt where deer may secure it. But it is a violation 
of law to create a deer lick with intent to attract deer so that 
they may be killed at the lick, or to kill deer at a lick no matter 
what the reason for its creation might be. 

Bear may be killed as a protection to property or person at 
any time under certain restrictions. 

Section 25, Act May 1, 1909, page 49. 



GAME, FISH AND FORESTRY LAWS. 107 

Bear rabbits and squirrels, taken alive during the open season, 
legally, may be retained alive during the close season. 

Special attention is called to the fact that the laws of this State 
no longer permit the killing of birds other than game birds for so- 
called, "scientific study," it being considered that enough life had 
been destroyed and enough written to cover all necessities in this 
direction for ages to come. Therefore no certificates will be issued 
to Taxidermists for this purpose, and the mounting of bird skins 
for sale can not be permitted. 

All taxidermists must secure a license before beginning to operate 
in Pennsylvania. 

Taxidermists have the right to receive and cure and mount 
the skins of birds nnd animals that have been legally killed in this 
State, they have no right to kill one bird or animal through or 
because of their certificates. 

The Game Commission holds that the words "legally killed" 
means, not "illegally killed" so that it would not be an offense 
to mount the skin of a bird accidentally killed. 

Certificates to take birds, their nests and eggs for scientific 
study are limited to teachers in public schools and to men 
connected with public museums. 

Section 6, Act May 1, 1909, page 33. 

Persons desiring to raise game in preserves for either sale or 
gift must secure a license and must make report to the Game 
Commission. 

Section 7, Act May 1, 1009, page 35. 

The act requiring non-residents to secure a license before hunt- 
ing in this Commonwealth, was passed as much to protect the 
farmers of our border counties, as to protect game, and says, "the 
non-resident must secure a license bpfore beginning to hunt, it 
does not say before beginning to hunt for game, and a non-resident 
hunting for woodchnck or any other animal or any bird not classed 
as game, without first securing a license, is surely violating both 
the spirit and the letter of the law. 

The act forbidding the unnaturalized foreign-born resident to 
hunt or shoot or to even be possessed of a gun, wns passed by the 
Legislature and signed by the Governor on the 8th day of May, 
1909, nnd has been pronounced constitutional by the Superior 
Court, and Supreme Court of this State. 

See citation No. 45, page 232. 

The Superior Court has ruled that it was a violation of the Act 
of May 8th, 1909, for nn alien to run or manage a shooting gallery. 
See citation page 233. 



108 GAME, FISH AND FORESTRY LAWS. 

On the 4th day of March, 1913, an Act of Congress was passed 
giving the National Department of Agriculture, at Washington, D. 
C, the power to adopt rules and regulations, fixing the seasons 
during which migratory birds of all kinds should be guaranteed 
protection and when those birds classed as game-birds, might 
be killed, in any of the States of this Nation. Pursuant with this 
authority, the said Department has promulgated rules regarding 
this subject, and has fixed the 1st of October, 1913, as the time 
when these rules shall become effective. 

The several States are divided into two Zones, numbered one 
and two, Pennsylvania is in Zone No. 1, and Maryland is in 
Zone No. 2. 

Under these rules no sand-hill crane, or swan, or curlew, or any 
shore-bird, excepting the black-breasted and golden plover, Wilson 
or Jack snipe, woodcock and yellow legs, can be legally killed for 
a period of five years in Pennsylvania. 

Under this provision it will be illegal, after the 1st of October, 
1913, to kill any upland or grass plover, or any of the sand-piper 
family before September, 1918. No shore-bird may be killed 
between Dec. 16th and Sept. 1st. 

No wood-duck can be killed before September, 1918. 

No wild water fowl of any kind can be legally killed in Penn- 
sylvania between the 15th day of December and the 1st day of 
September next following. These provisions absolutely forbid the 
shooting of wild water fowl or of any other migratory game bird 
during the spring time. 

No wild water fowl may be legally killed on that part of the 
Ohio RiAer located in this State, between January 1st and October 
31st of any year. 

Attention is called to the fact, that this National law controls 
and limits State laws relating to migratory game birds in all cases 
where the State law conflicts with the National law, in a manner 
tending to lengthen the season as fixed by said National law, 
but it does not attempt to alter or in any manner change laws 
enacted by the State, that are within the time limit as fixed by 
said National law. 

In other words a State may shorten the time during which, as 
fixed by the National law, game may be killed, but no State has 
the power to lengthen that time. 

One of our State laws provides, that no game bird shall be killed 
during the "night time, "and defines the word "night" as being 



GAME, FISH AND FORESTRY LAWS. 109 

that time, beginning one hour after sunset and extending to one 
hour before sunrise the following morning. Another of our State 
laws provides that no wild water fowl may be killed before sunrise 
of any day, and now comes the National law, that provides that 
no migrator J bird of any description, may be legally killed, oe- 
fore sunrise, or after sunset, of any day, so that after October 1st, 
1913, no wild water fowl or any other migratory bird may be 
killed, except from sunrise to sunset of any day. 

The following is a reprint of this National law in so far as it 
applies to zone No. 1 the zone in which Pennsylvania is found. 

UNITED STATES DEPARTMENT OF AGRICULTURE 
BUREAU OF BIOLOGICAL SURVEY— CIRCULAR NO. 92. 

HENRY W. HENSHAW, Chief of Bureau. 



Proposed regulation for the protection of migratory birds. 

Washington, D. C, June 17, 1913. 

Pursuant to the provisions of the act of March 4, 1913, author- 
izing and directing the Department of Agriculture to adopt suitable 
regulations prescribing and fixing closed seasons for migratory 
birds (37 Stat., 847), regulations, copy of which is hereto annexed, 
havo been prepared, are hereby made public, and are hereby pro- 
posed for adoption, after allowing a period of three mouths in 
which the same may be examined and considered. The regulations, 
as finally adopted, will become effective on or after October 1, 
1913, whenever aproved by the President. 

B. T. GALLOWAY, 
Acting Secretary of Agriculture. 



REGULATIONS FOR THE PROTECTION OF MIGRATORY 

BIRDS. 

Pursuant to the provisions of the act of March 4, 1913, author- 
ising and directing the Department of Agriculture to adopt suit- 
able regulations prescribing and fixing closed seasons for migra- 
tory birds (37 Stat., 847, having due regard to zones of tempera- 



110 GAME, FISH AND FORESTKY LAWS. 

ture, breeding habits, and times and linos of migratory flight, the 
Department of Agriculture has adopted the following regulations: 

Regulation 1. Definitions. 

For the purposes of these regulations the following shall be con- 
sidered migratory game birds: 

(a- Anatidae or waterfowl, including brant, w'ild ducks, geese, 
and swans. 

(b) Gruidae or cranes, including little brown, sandhill, and 
whooping cranes. 

(c) Rallidae or rails, including coots, gallinules, and sora and 
other rails. 

(d) Limicolae or shore birds, including avocets, curlew, do- 
witchers, godwits, knots, oyster catchers, phalaropes, plover, 
sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, 
and yellow legs. 

(e) Columbidae or pigeons, including doves and wild pigeons. 
For the purposes of these regulations the following shall be con- 
sidered migratory insectivorous birds: 

(f). Bobolinks, catbirds, chickadees, cuckoos, flycatchers, gros- 
beaks, humming birds, kinglets, martins, meadow larks, 
night hawks or bull bats, nuthatches, orioles, robins, shrikes, 
swallows, swifts, tanagers, titmice, thrushes, vireos, warblers, 
waxwings, whippoorwills, woodpeckers, and wrens, and all other 
perching birds which feed entirely or chiefly on insects. 

Regulation 2. Closed Seasons at Night. 

A daily closed season on all migratory game and insectivorous 
birds shall extend from sunset to sunrise. 

Regulation 3. Closed Season on Insectivorous Birds. 

A closed season on migratory insectivorous birds shall continue 
to December 31, 1913, and each year thereafter shall begin January 
1 and continue to December 31, both dates inclusive, provided 
that nothing in this regulation shall be construed to prevent the 
issue of permits for collecting such birds for scientific purposes 
in accordance with the laws and regulations in force in the re- 
spective States and Territories and the District of Columbia; and 
provided further than the closed season on reedbirds or ricebirds 
in Delaware, Maryland, the District of Columbia, Virginia, and 
South Carolina shall begin November 7 and end August 31 next 
following, both dates inclusive. 



GAME, FISH AND FORESTRY LAWS. Ill 

Regulation 4. Five-Year Closed Seasons on Certain Game Birds. 

A closed season shall continue until September 1, 1918, on the 
following migratory game birds: Band-tailed pigeons, little brown, 
sandhill, and whooping cranes, swans, curlew, and all shorebirds 
except the black-breasted and golden plover, Wilson or jack snipe, 
woodcock, and the greater and lesser yellowlegs. 

A closed season shall also continue until September 1, 1918, on 
wood ducks in Maine, New Hampshire, Vermont, Massachusetts, 
Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, 
Ohio, Indiana, Michigan, West Virginia, and Wisconsin; on 
rails in California and Vermont; and on woodcock in Illinois and 
Missouri. 

Regulation 5. Closed Season on Certain Navigable Rivers. 

A closed season shall continue between January 1 and October 
31, both dates inclusive, of each year, on all migratory birds pass- 
ing over or at rest on any of the waters of the main streams of 
the following navigable rivers, to wit: The Mississippi river be- 
tween New Orleans, La., and jNlinneapolis, Minn.; the Ohio 
river between its mouth and Pittsburgh, Pa. ; and the Missouri 
river between its mouth and Bismark, N. Dak. ; and on the kill- 
ing or capture of any of such birds on or over the shores of any 
of said rivers, or at any point within the limits aforesaid, from 
any boat, raft, or other device, floating or otherwise, in or on 
any such waters. 

Regulation 6. Zones. 

The following zones for the protection of migratory game and 
insectivorous birds are hereby established: 

Zone No. 1, the breeding zone, comprising States lying wholly 
or in part north of latitude 40° and the Ohio river and including 
Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, 
Connecticut, New York, New Jersey, Pennsylvania, Ohio In- 
diana, Illinois, Michigan, Wisconsin, Minnesota, Iowa, North 
Dakota, South Dakota, Nebraska, Colorado, Wj'oming, Mon- 
tana, Idaho, Oregon and Washington — 25 states. 

Zone No. 2, the wintering zone, comprising states lying wholly 
or in part south of latitude 40° and the Ohio river and including 
Delaware, Maryland, the District of Columbia, West Virginia, 
Virginia, North Carolina, South Carolina, Georgia, Florida, Ala- 
bama, Mississippi, Tennessee, Kentucky, Missouri, Arkansas, 
Louisiana, Texas, Oklahoma, Kansas, New Mexico, Arizona, 
California, Nevada, and Utah— 23 states and the District of Colum- 
bia. 



112 GAME, FISH AND FORESTRY LAWS. 

Regulation 7. Construction. 

For the purposes of regulations 8 and 9, each period of time 
therein prescribed as a closed season shall be construed to include 
the first day and to exclude the last day thereof. 

Regulation 8. Closed Seasons in Zone No. 1. 

Closed seasons in zone No. 1 shall be as follows: 
WaterfoivV. — The closed season on waterfowl shall be between 
December 16 and September 1 next following, except as follows: 

Exceptions: In Massachusetts the closed season shall be 
betAveon January 1 and September 15. 

In Minnesota and North Dakota the closed season shall 
be between December 16 and September 7. 

In South Dakota the closed season shall be between De- 
cember 16 and September 10. 

In New York, other than on Long Island, and in Ore- 
gon the closed season shall be between December 16 and 
September 16. 

In New Hampshire, Long Island, New Jersey and Wash- 
ington the closed season shall be between January 16 and 
October 1. 

Rails. — The closed season on rails, coots and gallinules shall be 
between December 1 and September 1 next following, except as 
follows : 

Exceptions: In ISIassachusetts and Rhode Islnnd the 
closed season shall be between December 1 and August 1. 

In New York and on Long Island the closed season shall 
be between December 1 and September 16 ; and 

On rails in California and Vermont the closed season 
shall be until September 1, 1918. 

Woodcock. — The closed season on woodcock shall be between 
December ] and October 1 next following, except as follows: 

Exceptions: In Maine and Vermont the closed season 
shall bo between December 1 and September Lt. 

In Massachusetts, Connecticut and New Jersey the 
closed season shall be between December 1 and October 10. 

In Rhode Island, Pennsylvania and on Long Island the 
closed season shall be between December 1 and October 15 ; 
and 

In Illinois and Missouri the closed season shall be until 
September 1, 1918. 



GAME, FISH AND FORESTRY LAWS. 113 

Shore Mrds.—The closed season on black-breasted and golden 
plover, jncksnipe or Wilson snipe, and greater or lesser yellow- 
legs shall be between December 16 and September 1 next follow- 
ing, except as follows: 

Exceptions: In Maine, Massachusetts, and on Long 
Island the closed season shall be between December 16 and 
August 1. 

In Minnesota and North Dakota the closed season shall 
be between December 16 and September 7. 

In South Dakota the closed season shall be between De- 
cember 16 and September 10. 

In New York, other than Long Island, and in Oregon 
the closed season shall be between December 16 and Sep- 
tember 16 ; and 

In New Hampshire and Washington the closed season 
shall be between December 16 and October 1. 



114 



GAME, FISH AND FORESTRY LAWS 




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(116> 



INMX TO GAME LAWS 



A. 

Page. 

Acknowledgement of offense, right of 29,54,57,62,71,80 

Actions, time limitations, „ 28,52,56,60,70,79 

Address, Game Commission 97 

Advertisement by Game Commission .....»...^ 18,60,84 

Affidavit, 28,46, 52, 56, 60, 70, 79, 84 

Aid in making arrests, „ 18 

Air guns ,... 22 

Alderman, 28,46,52,56,60,70,79,84 

All wild birds other than game birds, protected, ►. 39 

Amendments , 39,42,44,47 

Anatidae, game birds 82 

Animals and birds destructive of game 40 

Annual statement from propagating plant 36 

Annual statement from taxidermists 34 

Apparatus, forfeiture of ...- 17,36,55,60,78 

Appeal, right of 29,32,53,61,78 

Application of fines and penalties 18,53,57,61,78,84 

An.olication for certificate to take birds, ..., 33,34 

Apilication for certificate to practice taxidermy, 3S 

Application for certificate to operate a propajfatlnf pl&nt, 35 

Appointment of Came Commissioners U 

Apijointment of Game Protectors 12 

Appointment of Deputy Game Protectors 18 

Appointment of Special Deputy Game Protectors 25 

Arrests, 13,17,18,28,46,52,56,70,76,79,84 

Arrests, aid in mfeking 18 

Arrest, resisting or interfering with 18,77 

Arrest, on Sunday 17,56 

Arrest, without warrant 16,17,76,79 

Artificial lights, 43 

Association, suggestions on forming, 298 

Auction, ^ ,.18,55,60,78 

Automatic guns, ^.. 80 

B. 

Ball or bullet In hunting deer 41 

Barn swallow, wild bird other than game bird. Protected 39 

Barn owl, wild bird other than a game bird. Protected, 39 

Barred owl, not protected 40 

Bear, open season for, 49 

Bear, may be killed, as protection to person or property 50 

Bear, may be taken in pen, 43 

Bear, taking in steel trap not permitted 43 

Bear pen, must be visited once in 48 hours ^ 43 

Beaver, protected at all times 18 

Bee bird, wild birds other than game bird, protected at all times 39 

Belgian hare, 40 

Birds, other than game, protected at all times 38 

( 117) 



118 INDEX 

Page. 

Birds, not to be kept In cages 39 

Birds nests and eggs, protected, 41 

Birds, may be taken under certificate, 33-34 

Birds, certain, not protected 40 

Bittern, wild bird otlier than game bird, protected 39 

Black cap, wild bird other than game bird, protected 39 

Black bird, wild bird other than game bird, protected 39 

Black squirrel, open season for, 81 

Black squirrel, number that may be taken in one day, 49 

Black squirrel, may be bought and sold in season 48 

Black squirrel, time it may be held in possession as game 50 

Blue bird, wild bird other than game bird, protected 39 

Blue finch, wild bird other than game bird, protected 39 

Blue heron, wild bird other than game bird, protected 39 

Blue Jay, not protected 40 

Boat, kind that may not be used in hunting 43 

Boat, forfeiture of, to Commonwealth, 32,76,78 

Bobolink, or reed bird, game bird, 32 

Bobolink, open season for 42 

Bond, from game propagating plant 36 

Bought or sold, certain game cannot be 47 

Boundaries to be marked 88 

Bounty 89 

Box traps, 43 

Boys under 14 not to receive license to hunt 72 

Boys between 14 and 16 to receive license by consent of parents, 72 

Brant, game bird, 32 

Brant, season for, 42 

Brant not to be killed after sunset or before sunrise, 60 

Brant, time same may be sold 47 

Buck deer, with horns two inches above hair, 44 

Buck shot, not to be used In killing deer 45 

Bullet or ball in hunting deer 45 

Bunting, wild bird other than game bird, protected, 39 

Buzzard, not protected ,. 40 

C. 

Cages, birds not to be confined in 39 

Canaries, right to keep in cages 39 

Cardinal, or red bird, wild bird other than game bird, protected 39 

Cat bird, wild bird other than game bird, 'protected 39 

Cedar bird or wax wing, wild bird other than game bird, protected, 39 

Certificate for taking birds, ordinary, 33 

Certificate for taking birds, special 34 

Certificate for resident before hunting for game, 71 

Certificate for non-resident before hunting 20 

Certificate for propagating purposes 35 

Certificate, not transferable 36 

Certificate, forfeiture of 36 

Chat, wild bird other than game bird, protected 39 

Cherry bird, wild bird other than game bird, protected 39 

Chewink, wild bird other than game bird, protected, 39 

Chicadee, wild bird other than game bird, protected 39 

Chipping sparrow, wild bird other than game bird protected 39 

Close season 31 

Collars on dogs '*6.fi? 

Commitment of offenders 17,28,46,52,70,79,84 



INDEX. 119 

Page. 

Common Carriers 51 

Coiitiscatecl game 18,76 

Constables game wardens .- 14 

Constables to kill dogs 62 

Convictions beiore Aldermen, Justice of the Peace or Court, 17,28,46,52,59,71,80 

Convictions, summary 28,46,52,71,80,84 

Coon, game, open season for 58 

Coopers hawk, not protected 40 

Coots, game birds 32 

Coots, open season for 42 

Coots, may be bouglit and sold, 47 

Costs of suit, 23 

County Treasurer to issue Kesident Hunter's License 72 

Court decisions 221 

Court of Quarter Sessions 29, 47, 53, 61, 80, 221 

Cow bird, wild bird other than game bird, protected 39 

Crane, wild bird other than game bird, protected 39 

Craft certain kinds forbidden in hunting 43 

Creeper, wild bird other than game bird, protected, 39 

Crow, not protected, 40 

Cuckoo, wild bird other than game bird, protected, 39 

Curlew, game bird, 32 

Curlew, open season for under State law, 42 

Curlew not to be killed for live years, under National law, HI 

Cured or tanned skin may be had in possession 40 

D. 

Decision pertaining to game and fish 221 

Decoys, for wild water fowl may be used 43,60 

Decoys, may be forfeited, 32 

Deer, buck with horns two inches above hair, 44 

Deer, open season for, 44 

Deer may not be killed in the water 45 

Deer, to be killed through use of gun discharging one ball 45 

Deer, number that may be legally killed 44 

Deer, purchase of 47 

Deer, shipment of wild deer out of State prohibited 51 

Deer, shipment out of State, exception 52 

Deer, use of deceptions forbidden, 43 

Deer, killing of at licks prohiliited 43 

Deer, use of dogs in hunting prohibited, 45 

Deer, use of buckshot in killing, prohibited 45 

Deer, not to be killed in water 45 

Deer, not to be killed for wages or hire 49 

Deer, time same may be held after close of season 52 

Deer, killed in preserves 37 

Deception, of wild game forbidden 43 

Defendants, may acknowledge offense and pay penalty, 29,54,57,61,71 

Deputy Game Protectors, appointment of 19 

Deputy, Special, appointment and rights of 25 

Designation of seasons 31 

Destruction of birds nests prohibited 41 

Destructive animals may be killed 32,49 

Disposition of game when seized 17 

Disposition of penalties, 29, 53, 57, 61, 78 

Disposition of boats, guns, etc., seized, 17,36,57,78 

Dogs may not be used in hunting deer 45 



120 INDEX. 

Page, 

Dogs, a public nuisance, 46,62 

Dogs, found running deer may be Killed by any person, 46 

Dogs, may be killed upon afBdarit made within one year, 46 

Dogs, owners of, liable to penalty, 46 

Dogs, found running small game 46 

Dogs, on State lands, 27 

Dogs, time for training 47 

Dogs, to be assessed 62 

Dogs, legal status of 229 

Domestic pets, wild birds not to be kept in confinement 39 

Double liability 31,46 

Doves, wild birds other than game birds, protected 65 

Downey woodpecker, wild bird other than game bird, protected 39 

Duck, wood, absolutely protected by National regulation, Ill 

Ducks, wild, game birds 32 

Ducks, open season for. State law 42 

Ducks, open season for, National regulations, 112 

Ducks may be bought and sold during certain time 47 

Ducks, not to be hunted from iiower boats 43 

Ducks not to be killed during si)riug time 112 

Duck Hawk, not protected 40 

Duplicate tags, mutilation or second use of, prohibited 39 

Duplicate tags, to be returned to game Commission 38 

Duty of Game Commission, 12 

Duty of Game Protectors, 13 

Duty of Court of Quarter Sessions, 16 

Duty of constables 15,64 

Duty of Aldermen and Justices of the Peace 28,46,52,56,70,79 

E. 

Eagle, not protected 40 

Educational purposes 32 

Eggs and nest of wild birds, not to be disturbed 41 

Egret, wild bird other than game bird, protected 39 

Elk, not to be killed for six years, 65 

Elk, special protection 82 

English sparrow, not protected 40 

English pheasant, game bird 81 

English pheasant, open season for 81 

English pheasant, may be bought and sold, 48 

English pheasant, number that may be killed 44 

Evidence, prima facie 21,44,52 

Evidence to be heard by Alderman or Justice of the Peace, 28,46,52,56,60,79 

Expenses, of Game Protector, 18 

Expenses, of Special Deputy neither State or county, responsible for,.. 26 

Express Company, not to carry game out of State, 51 

Express Company, exception, 51 

P. 

Ferret, use of, in hunting, prohibited 50 

Ferret to be killed, 50 

Fees for certificates 36 

Fines, deposition of 29.53,57,61,78,84 

Finch, wild bird other than game bird, protected 89 

Firearms, use of, prohibited in certain places, 27,89 



INDEX. 121 

Page. 

First offense, punishment 31 

Flicker, wild bird other than game bird, protected, 39 

Fly-catcher, wild bird other than game bird, protected 39 

Flobert rifle 22 

Foreign born residents, imnaturalized, cannot hunt, 54 

Forfeiture of game and shooting paraphernalia, 17,32,76,78 

Forfeiture of boats, etc., 32,36,78 

Forfeiture of certificate / 36 

Fowl, wild water 32 

Fowl, wild water, ojien season for 42 

Fox, not to be brought into this State and released 41 

Fox, bounty on 89 

Fox, not to be killed in Delaware County, 86 

Fox squirrel game animal 49 

Fox squirrel, number That may be taken in one day, 49 

Fox squirrel, may be bouglit and sold in season, 48 

G. 

Gallinules, game birds, 32 

Game, right of the State to control, 222 

Game Commission, appointment of 11 

Game Commission, Secretary of 13 

Game Commission, meetings of, 12 

Game Commission, duties of 12 

Game Commission, game laws not to apply to, when acting for State,.. 33 

Game Commission, right to destroy vermin, 32 

Game preserves, owned by the State, 26 

Game preserves, owned by private individuals 35 

Game protectors, appointment of, 12 

Game protectors, powers of 13,16,17,18 

Game protectors, deputy, appointment of, 19 

Game protectors, special deputy, appointment of 25 

Game protectors, tenure of office, 12 

Game, classification of, 32 

Game, forfeiture of ! 17,18,32.76,78 

Game, open season for 42,44,49,81 

Game, not to be taken except through the use of a gun 42 

Game, manner of taking, exception 43 

Game, limit of numbers to be taken 43,44,49 

Game, purchase and sale of certain kinds prohibited, 47 

Game, purchase and sale of certain kinds permitted 48 

Game, removal out of the State prohibited 51 

Game, removal out of the State permitted under certain conditions,... 51,60 

Game, time same may be held in possession 52 

Game, disposition of, when seized, 17,18,76 

Game protectors, must surrender all penalties to Commonwealth 18,29,53,61 

Game protectors, rights and powers of, ., 12,13,16,17,18 

Game, hunting of, for wages and hire prohibited 49 

Game, ownership and control of 221 

Game, commerce in, 230 

Game preserves, public 26 

Game preserves, private, 35 

Game, tagging of, killed in private preserves 38 

Game, in transit, 51 

Game, non-residents with license may carry out of State 51 

Game, possession of, during close season, 52 

Gender 31 

Gnat-catcher, wild bird other than game bird, protected, 39 



122 INDEX. 

Page. 

Goose, wild, game bird 32 

Goose, wild, open season for 42 

Goose, wild, may be bought and sold 47 

Goose, wild, decoys and blinds may be used in killing 43 

Goose, wild, not to be killed from certain boats 43 

Goose, wild, not to be killed in spring time 112 

Goshawk, not protected 40 

Goshawk, bounty on 89 

Grackle or blacTcbird, wild bird other than game bird, protected, 39-65 

Grackle, may be killed when destroying property 65 

Grass snipe or upland plover, game bird, (see plover), 32 

Great Blue Heron, wild Itird other than game bird, protected, 31 

Great Horned Owl, bounty on 89 

Grebe,' game bird (see wild waterfowl) 32,40 

Grey squirrel 49 

Grey squirrel, open season for 81 

Grey squirrel, number that may be killed 49 

Grey squirrel, may be bought and sold 48 

Great Horned Owl, not protected 40 

Great Horned Owl, bounty on 89 

Green Heron, wild bird other than game bird, protected 39 

Grossbeak, or red bird, wild bird other than game bird protected ?.9 

Grouse, game bird 32 

Grouse, open season for SI 

Grouse not to be killed except through the use of a gun 42 

Grouse not to be killed during the night time, 42 

Grouse not to bought or sold 47 

Grouse, not to be removed out of the State 51 

Grouse, not to be removed out of State, exception, 51 

Grouse, number that may be killed 44 

Grouse not to be killed for wages or hire 49 

Gull, wild bird other than game bird, protected 39 

Gun, use of in taking game 42 

Gun, automatic, prohibited 30 

Gun, propelling more than one bullet, pellet or ball 45 

Gun, forfeiture of 17,32,55,76,78 

Gun, disposition of, when seized 17,32,55,76,78 

H. 

Hair bird, wild bird other than game bird, protected 39 

Hare, Belgian 40 

Hearings 28, 46, 52, 56, 70, 79 

Hens, mud, or coot, game bird 32 

Hens, mud, or coot, open season for 42 

Hens, mud, or coot, may be bought and sold 47 

Hens, mud, or coot, time they may be held in possession, 52 

Heron, green, wild bird other than game bird, protected 39 

High Holder or Flicker, wild bird other than game bird, protected 39 

Hire, no hunting for 52 

Horned Owl, not protected 40 

Horns, on deer length of 44 

Hospital game to be sent to 17,18,76 

Hospital, use of firearms on grounds of, prohibited, 87 

Humming bird, wild bird other than game bird, protected 39 

Hungarian quail, game bird 32 

Hungarian quail, open season for 81 

Hungarian quail, number that may be killed 44 

Hunter's, Resident, License 71 

Hunting, certain methods only permitted 42,44 



INDEX. 123 

Page. 

Hunting, seasons for 41,42,44,81 

Hunting deer with dogs prohibited 45 

Hunting by residents without license prohibited, 71 

Hunting by non-residents without license prohibited 20 

Hunting by unnaturalized foreign born residents prohibited, 54 

Hunting on Sunday prohibited 31 

Hunting for birds during the night time prohibited 42 

Hunting with automatic gun prohibited 30 

Hunting paraphernalia, forfeited, 17-32 

Hunting on certain lands prohibited , 26-87 

I. 

Importation of certain birds and animals forbidden 41 

Imprisonment, where penalty is not paid, 28,46,52,70,79 

Imprisonment for second offense 32,78 

Index to resident hunter's license 75 

Indigo bird, wild bird other than game bird, protected 39 

Insectiverous birds, wild birds other than game birds protected, 39 

Inspection of propagating plant, 37 

Interfering with birds nests 41 

Interfering with officers 18,77 

J. 

Jack snipe, game bird 32 

Jack snipe, open season for. State law, 42 

Jack snipe, open season for. National regulation 113 

Jay bird, not protected 40 

Joint resolution directing the publication of this pamphlet 3 

Judge of the Court of Quarter Sessions, 29,53,61,80 

Junco, wild bird other than a game bird, protected 39 

Justice of the Pe.nce and Alderman 28,46,52,56,70,79 

Justices of the Peace may issue resident hunter's license 73 

Jurisdiction of game protectors 13,17,18 

Jurisdiction of constables, 14 

K. 

Killed, dogs to be, found running deer 45 

Killed, dogs to be, found running small game 45 

Killing deer in the water prohibited 45 

Killing deer, except male deer with horns two inches above hair 44 

Killing game except with a gun prohibited, 42 

Kill-deer, wild bird other than game bird, protected, 42 

King bird, wild bird other than game bird, protected 39 

King fisher, not protected 40 

Kinglet, wild bird other than game bird, protected 39 

L. 

Land owners, who reside thereon, may hunt without license, 74 

Lark, meadow, wild bird other than game bird, protected 39 

Lark, horned, wild bird other than game bird, protected 39 

Launches, power, prohibited in hunting wild fowl 43 

Law, decisions of courts 221 

Letter of transmittal 5 



124 INDEX. 

Page. 

liability of owners of dogs that run deer, 45,46 

Liability of men who take dogs into the woods 45 

Lick, deer lirk used to kill deer prohibited, 43 

Lisence to take birds, 33,34 

License to practice texidermy 34 

License to propagate game for sale 35 

License to residents to hunt 71 

License tag 73 

License to non-residents to hunt in this State, 20 

Limlcolae. Game birds 32 

Limitation in which to prosecute 28,52,56,70,79 

Limitation of time when game may be had in possession, 50 

Linnet, wild bird other than game bird, protected, 39 

Loon, game bird 32 

Loon, open season for 42 

Loon, may be bought and sold, , 48 

M. 

Magistrates, duties of 28,46,52,56.70,79 

Martin, wild bird other than game bird, protected, 39 

Meadow Lark, wild bird other than game bird, protected, 39 

Meeting of Game Commission, 12 

Migratory game birds protected by National regulation 110,111,112,113 

Misdemeanor * 28, 46, 53, 57, 71 

Mocking-bird, wild bird other than game bird, 39 

Mongolian pheasant, game bird 32 

Mongolian pheasant, open season for 81 

Mongolian pheasant may be bought and sold, 48 

Mounted or curei skins 40 

Mud hens 32,42,47 

Mutilation or removal of tags 38 

N. 

Names on dogs collar 46, €2 

Nests and eggs of wild birds not to be interfered with 41 

Netting «f game prohibited, 43 

Night hawk, wild bird other than game bird, protected 39 

Night heron, wild bird other than a game bird, protected, 39 

Night time, hunting of game birds prohibited 42, 6J 

Night time hunting prohibited National regulation L 

Non-residents must secure a license before hunting :0 

Non-residents holding license can carry certain game out of State ol 

Non-protected wild birds 40 

Notice, trespass 23,25 

Notice to owner of dogs running small game 46 

Notice to owner of dog running deer, 46 

Number of game birds and animals that may be legally killed 44,49 

Number of deer 44 

Number of grouse 44 

Number of wild turkeys, protected for two years 87 

Number of quail, 44 

Number of woodcock 44 

Number of squirrel 49 

Number of rabbits, 49 

Nut hatch, wild bird •ther than game bird, protected 39 



INDEX. 123 



Page. 

Oath to overcome efifect of prima facie evidence 75 

OfBce of the Game Commission, » 1% 

Officers, refusing or neglecting to do their duty IC' 

Officers, interference with 18 

Officers, resisting arrest by 18 

Offense, first 31-77 

Offense, second 32,78< 

Ohio river, open season on, for wild fowl, National resrulntion 110" 

Open season for game defined 31 

Open season for deer 4* 

Open season for grouse, Hungarian quail, woodcock, 81 

Open season for quail 58i 

Open season for rabbits and squirrels 82 

Open season for bear 49 

Open season for ducks, geese and other wild water fowl, 42 

Open season for shore birds 42 

Open season for reed birds 42 

Open season. National provisions, 110,111,112,113 

Ordinary certificates 33 

Oriole, wild bird other than game bird, protected , 39 

Organizations, suggestions for 298 

Osprey, wild bird other than game bird, protected 39 

Owl, Great Horned, bounty on, „ 89 

Owls, wild birds other than game birds, protected, 39 

Owls, protected, exceptions, 40 

Owners of dogs, liability for 46 

P. 

Paraphernalia, forfeiture of 17,76,78 

Partridge or quail, classification of 32 

Partridge or quail, open season for, 58 

Partridge or quail not to be killed except with a gun 42 

Partridge or quail not tu ' '- killed during the night time, 42 

Partridge or quail not to be killed for wages or hire, 52 

Partridge or quail not to be bought or sold 4"? 

Partridge or quail not to be removed from the State 51 

Partridge or quail, number that 'nay be legally killed 4\ 

Partridge or quail may be trapped lor special purpose o2 

Partridge or quail, time same may be held in possession, 50 

Pellet, bullet or ball, but one at single discharge at deer, 45 

Pelts of certain animals 40 

Pen for catching bear 43 

Penalties, 28, 46, 52, 56, 70, 79 

Penalties not to apply to 32 

Penalties how distributed, 29,53,57,61,78 

Penalties, right of defandant to pay 29,54,57,61,71,80 

Person the word defined , 31, 72 

Persons entitled to resident hunter's license 72 

Pewee, wild bird other than game bird, protected, 39 

Pheasant, English, Mongolian or Chinese 81 

Pheasant, open seasor for, ,. 81 

Pheasant, not to be ' '.led except through the use of a gun, 42 

Pheasant, not to be killei during the night time, 42 

Pheasant, not to be killed for wages or kire, 52 

Pheasant, not t© be bought or sold 47 

Phoebe, wild bird other than a game bird, protected ^»,.. 39 

Pigeon hawk, not protected -... 46 



126 INDEX. 

Page. 

Pileated woodpecker, wild bird other than game bird, protected 39 

Pine squirrel not protected, 49 

Pit fall forbidden 43 

Plover, game birds, 32 

Plover, open season for, closed for 5 years, National law 

Plover, may be bought and sold 47 

Possession of game at certain times prima facie evidence 21,44,52 

Possession of game at certain times unlawful, 50 

Posted lands, trespassing on 23,25 

Powers of game protectors 11, 17, 18 

Preserves for game owned by the State, 26 

President of Game Commission, permission of, at certain times 34 

Prima facie evidence 21,44,52,74 

Procedure at trials 28,46,52.56,70,79 

Property seized, disposition of, 17,32,76,78 

Propagation of game certificate for 35 

Prosecutors, right of 29, 53, 57, 61, 78 

Protection to trees and growing crops, 49 

Protectors, game, 11, 16, 17, 18 

Provisions of Act not to apply 32 

Public institutions in which living birds may be kept, 32 

Public nuisance, when dogs become 46-62 

Public parks, use of firearms prohibited, 87 

Pursuit immediately following act of violating the law 52,56,60 

Pursuit of bear out of season, when legal 50 

Q. 

Quail or Virginia Partridge, game bird, 32 

Quail or Virginia Partridge, open season for, etc. (see partridge) — 58 

Quail Hungarian, open season for, 81 

R. 

Rabbit or Hare, game animal, 49 

Rabbit may be taken In bOT traps, 43 

Rabbit or Hare, open season for 81 

Rabbit or Hare, number that may be taken in one day 49 

Rabbit or Hare, may be killed as protection to trees 49 

Rabbit or Hare, not to be hunted with ferrets, 50 

Rabbit or Hare killed to protect trees cannot be used for food 49 

Rabbit or Hare, may be bought and sold 48 

Raccoon, game animal, open season for 58 

Railroads not to carry game out of the State 51 

Railroads not to carry game out of the State, exceptions 51 

Rallidae. game birds 32 

Rail, game birds, -J^ 

Rail, opan season for 42 

Rail, may be bought and sold 48 

Raven, not protected, hokk\7 7itn 

Receipt from game protector, ^9,54,57, a, 8U 

R.PCO£rillz3,DCG •...• •••••-• •• ••• • ••-- ^o, o4 

Records of Aldermen and Justices 28,46,52,56,70,79 

Record costs, liability for, 23 

Red bird, wild bird other than game bird, protected, 39 

Red-bellied woodpecker, wild bird other than game bird, protected,.. 39 

Red-headed woodpecker, wild bird other than game bird, protected 39 

Red squirrel, not protected, *8 



INDEX. 127 

Page. 

lied-start, wild bird other than game bird, protected 39 

Red-winged black bird, wild bird other than game bird protected,... 39 

Reed bird, game bird 32 

Reed bird, open season for, 42 

Reed bird, may he bought and sold 48 

Removal of game out of the Satte prohibited, 51 

Removal of game out of State prohibited 51 

Report of Game Commission to Governor 12 

Reservation of game preserves 26 

Resident hunters license, 71 

Resisting arrest 18,77 

Right of State to protect game and wild biids, 222 

Right of defendant to pay penalty in settlement of charges, 29,54,57,71,80 

River dnclis, game birds, 32 

Robin, wild bird other than game bird, protected 39 

Ruffed grouse, game bird 32 

Ruffed grouse, open season for, etc. (see grouse) 81 

S. 

Sale of certain game prohibited 47 

Sale of all wild birds other than game birds prohibited 39 

Sale of guns and paraphernalia, seized, 17,32,55,76,78 

Salad l)ird or yellow bird, wild bird other than game bird, protected, .. 39 

Sanatorium, use of fire arms on grounds of, prohibited 87 

Sand pipers, j^a.ne birds 32 

Sand pipers, open season for 42 

Sand pipers not to be killed for five years under National law, 113 

Sap-Sucker, wild bird other than game 1-ird, protected 39 

Scarlet Tanager, wild bird other than game bird, protected 39 

Screech Owl, wild bird other than game bird, protected, 3C 

Sea ducks, game birds ' 32 

Search, without warrant 13,17,18,28,46,52,56,70,79 

Search warrant 17 

Seasons open, 42 44,49.58,81,110,111,112,113 

Second offense, punishment 32,78 

Second use of tags 39 

Seizure of game, paraphernalia, dogs, etc., right of 17,76,78 

Sentence by aldermen or justices of the peace, or court, 28,52,56,70,79 

Sharp-shinned hawk, not protected 40 

Sharp-shinned hawk, bounty on 89 

Shipment of game out of the State prohibited 51 

Shipment of game out of State exception 51 

Shipment of wild birds other than game birds prohibited 34 

Shore birds game birds 32 

Shore birds, open season for, State law 42 

Shore birds, open season for. National regulation 113 

Shooting on Sunday prohibited 31 

Shooting during the night time prohibited 42,60 

Shooting after sunset or before sunrise prohibited. National law 110 

Shooting paraphernalia, forfeited 17, 76, 78 

Shrike, wild bird other than game bird, protected 39 

Singular and plural number 31 

Skins tanned and cured may be retained 40 

Snaring birds or animals prohibited, 43 

Snipe, game birds, 32 

Snipe, open season for. State law 42 

Snipe, open season for. National regulation, 113 

Snipe may be bought and sold 48 



128 INDEX. 

Page. 

Snow-bird Jiinco, wild bird other than game bird, protected, 39 

Snow-flake, wild bird other than game bird, protected 39 

Sold or bought, certain game cannot be, 47 

Sold or bought, certain game can be 47 

Song birds, all wild birds other than game birds, protected 39 

Sparrows of nil kinds, excepting English sparrows, protected 39 

Sparrow, English, not protected and may be killed at any time 40 

Special certificate 33 

Special notice, 46, 47 

Spring time no shooting 110,111,112,113 

Special deputy game protector 25 

Squirrel, black, fox or grey, game animals 49 

Squirrel, black, f oi and grey, open season for 81 

S<|uirrels, may be bought and sold, 48 

Sf uirrels, number that may be killed 49 

Squirrels, may be killed as a protection to crops, 49 

Squirrels killed to protect crops cannot be used for food 49 

Starling, not protected 40 

Status of game 222 

Streams, deer not to be killed in 45 

Suggestion for organization 298 

Summary convictions, 17,28,52,59,71,80,84 

Summary of important provisions 94 

Sunday, there shall be no shooting on 31 

Sunday, arrests may be made on, 17,56 

Sunrise shooting at game birds prohibited, National regulation 110 

Sunset, shooting at game birds prohibited, National regulation 110 

Swallow, all kinds, wild birds other than game birds protected 39 

Swan, game bird 32 

Swan not to be killed, National regulation Ill 

Swan, open season for. State law 42 

Swan, open season for. National regulation, HI 

Swan, may bfe bought and sold at certain time, 48 

Swift, chimney swallow, wild bird other than game bird, protected, .. 39 



Table of game, time for taking, etc 114 

Tag, to game shipped from preserves 38 

Tag, not to be multilated or used the second time 38 

Tag t« be returned to Game Commission 38 

Tag on dogs 46, 62 

Tag license 73 

Taking of game, in any manner except through the use of gun 42 

Taking of game in any manner, exceptions 43 

Tanager, wild bird other than game bird, protected 39 

Tanned or cured skins, may be held in possession, 40 

Tattlar, game bird 32 

TattUr, open Beason for 42 

TattUr may be bought and sold 48 

Taxation of dogs 62 

Taxidermisti, must secure license to practice 33 

Tenantu, right to kill dogs 46.64 

TenaatB, rigMt t© kill rabbits and squirrels destroying property 49 

Thrasher, wild bird other than game bird, protected 39 

Thrusli, wild bird other than game bird, protected 39 

Tilt-up, game bird 32 

Tilt-up, open season for 42 



INDEX. 129 

Page. 

Time limit for prosecutions 29,53,57,61,78 

Time may be had in possession after close of season 50 

Titmouse, wild bird other than game bird, protected, 39 

Training dogs, ' 47 

Transportation of game out of State, prohibited 51 

Transportation of game out of State, exceptions, 51 

Transportation of wild birds other than game birds, prohibited, 34 

Traps, for game, illegal, game not to be talien except by gun 42 

Traps, legal under certain conditions 43,52 

Trespass on posted lands 23,25 

Turlsey, wild, classed as a game bird, 32 

Turkey, wild, protected for two years, 87 

U. 

Unnaturalized foreign born residents cannot bunt, or own guns 54 

Unprotected birds, list of, 40 

Unprotected animals, list of 115 

Upland or grass plover, game bird, 32 

Upland or grass plover, open season for, 42 

Upland or grass plOTer may be bought or sold 48 

V. 

Vacancy on Game Commission 12 

Veery, wild bird other than game bird, protected 39 

Vireo, wild bird other than game bird, protected 39 

Virginia partridge (see quail), 32,58 

W. 

Wages or hire, hunting for, prohibited 49 

Warblers, wild birds other than game birds, protected 39 

Wardens, all constables are 14 

Wardens, rights and duties of, 14,15 

Warrants of arrest 13, 17, IS, 28, 52, 56, 70, 76, 79 

Warrants of search, ■ 17 

Water craft, certain kinds not to be used in hunting ducks, 32,78 

Water craft, forfeiture of, 32,78 

Waters, deer not to be killed in 45 

Waxwing, wild bird other than game bird, protected 39 

V^eazel, bounty on, 89 

Whipporwill, wild bird other than game bird, protected, 39 

Who may hunt without resident hunter's license 74 

Wild birds, other than game birds, all protected 39 

Wild birds, protected, exceptions, 40 

Wild birds, other than game birds, nests not to be interfered with, .. 41 

Wild birds, other than game birds not to be kept in captivity, 39 

Wild birds other than game birds not to be shipped out of State 54 

Wild cat, bounty on, 89 

Wild ducks and other wild waterfowl, 32,60 

Wild turkey (see turkey), close season for two years 87 

Woodcock, " game bird 32 

Woodcock, not to be killed during the night time 42 

Woodcock, open season for, State law, 42 

Woodcock, open season for. National regulation 113 

9 



130 



INDEX. 



Page. 

Woodcock, not to be killed except with a gun, 42 

Woodcock, not to be killed for wages or hire 49 

Woodcock, not to be bought or sold 47 

Woodcock, not to be tran.sjiorted out of State 51 

Woodcock, not to be transported out of State, exceptions 51 

Woodcock, number that may be legally taken, 44 

Woodcock, time they may be held in possession after season 50 

Woodcock, absolute protection. National regulation Ill 

Woodpeckers, wild birds otlier than game birds, protected 39 

Wren, wild bird other than game bird, protected , 39 

Y. 

Yellow bird, wild bird other than game bird, protected 39 

Yellow hammer, or flicker, wild bird other than game bird, protected, 39 

Yellow shanks (snipe), game bird 32 

Z. 

Zooloarical gardens, game laws not to apply to, 32 



DIVISION II. 

LAWS RELATING TO FISH, 



AN ACT 

For the protection of shad and game fish in the River 
Delaware. 

Whereas, It is deemed advisable by the fish com- 
missions of New York and Pennsylvania, to protect 
the stocking of the River Delaware with shad and 
game fish, and to guard the fishing industries of the 
said river by the passage of uniform laws for the 
said river in each State, therefore, 

Section 1. Be it enacted, &c.. That hereafter no 
person or persons shall cast, draw, or fasten, or 
otherwise make use of any seine, drift net, fyke net, 
or net or nets of any other description, or use any 
other appliance for the catching of fish, except rod, 
hook and line in the Delaware river: Provided, That 
this section shall not extend to shad fishing: Pro- 
vided also, That the meshes of nets used for catching 
shad shall not be less than three inches in width, or 
one and one-half inches from knot to knot, above 
Trenton Falls: Provided also, That it shall not be 
lawful to fish for shad with nets, either shore, drift, 
gilling or dip-nets, or with any appliances whatever 
from June fifteenth to December thirty-first of any 
year, in the Delaware river above Trenton Falls. 
Any person or persons violating any of the provisions 
of this section, shall forfeit or pay the sum of one 
hundred dollars, with all costs of suit, together with 
the forfeiture of boats, nets and all appliances. 

Section 2. That hereafter no person or persons 
shall cast, set, draw, fasten or otherwise make use 
of any fyke net, or nets of any kind, or device made 
from cotton or flax twine, or wire netting, similar to 
a fyke net, for the purpose of catching fish in the 
Delaware river at any time in any year. Every per- 
son so offending shall be guilty of a misdemeanor, and 
on conviction thereof shall be punished by a fine, not 
exceeding one hundred dolars or imprisonment in the 

(131) 



Preamble, 



Fishing with 
nets prohib- 
ited. 

Not to ex- 
tend to shad 
Ashing. 
Size of mesh 
above Tren- 
to Falls. 

Fishing for 
Bhad with 
nets from 
June 15th to 
December 31. 

Prohibited 
above Tren- 
ton Falls. 

Penalty. 

Use of cer- 
tain nets 
prohibited. 



Violation of 
this act de- 
clared a 
misdemea- 
nor. 



132 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



Fishing with 
nets, etc., 
on Sunday 
prohibited. 



Penalty. 



Erection and 
use of fish- 
baskets, 
etc., prohib- 
ited. 

Wing walls, 
etc., pro- 
hil)ited. 



Penalty. 



Penalty for 
second of- 
fence. 

Rock-bass or 
wall-eyed 
pike not to 
be killed 
within two 
years. 

Black bass, 
etc.. not to 
be caught 
between 
January 1st 
and May 
30th. 



county jail for a term not exceeding six months, or 
both at the discretion of the magistrate or court be- 
fore Vv'hich such offender or offenders shall be con- 
victed, and the net or nets, devices or appliances used 
shall be destroyed by the officer making the arrest. 

Section 3. It shall be unlawful for any person or 
persons to cast, draw, drift, anchor, set, stake or 
otherwise make use of any gilling net, seine, shore- 
net, drift-net, eel pots, or any kind of net for the 
purpose of catching fish in the Delaware river from 
sunset on Saturday until twelve o'clock on Sunday 
night of each and every week ; and the person or 
persons so offending shall forfeit and pay the sum 
of one hundred dollars, together with the costs of 
suit for each and every offense. 

Section 4. It shall be unlawful for any person or 
persons to place, build, erect, fasten or use any 
tish-baskets, gill-nets, or any permanently set means 
for taking fish in the river Delaware ; nor shall any 
person at any time affix any nets, fish-baskets, fyke 
nets, eel racks, or any kind of appliances or set 
means of taking fish to any wing walls in the river 
Delaware. Nor shall any person or persons erect, 
build or place, or cause to be erected, built or placed, 
any wing wall, or walls of stone or of any other 
substance or material, in the river Delaware, for 
the purpose of affixing, adjusting, placing or setting 
thereto or adjacent thereto, any of the above men- 
tioned illegal devices, contrivances or appliances for 
taking fish. Any person violating the provisions of 
this law shall be fined fifty dollars for the first offense 
or be liable to imprisonment for one month in the 
county jail, or both at the discretion of the magis- 
trate before whom the offender is convicted, and any 
person or persons so offending a second time shall 
be liable to a fine of one hundred dollars and im- 
prisonment for three months in the county jail. 

Section 5. It shall not be lawful to catch or kill 
by any means whatever, any rock bass or any wall- 
eyed pike, otherwise called Susquehanna salmon 
(species recently introduced into the river Delaware), 
within two years from the passage of this act, under 
a penalty of ten dollars for every fish caught or had 
in possession. 

Section 6. No persons shall, by any means or de- 
vice whatsoever catch, or kill in the Delaware river, 
any black bass, rock bass or wall-eyed pike, commonly 



GAME, FISH AND FORESTRY LAWS 



133 



known as Susquehanna salmon, between the first day 
of January and the thirtieth day of May in any year, 
nor shall catch or kill any of said species of fish at 
any other time dnrin? the year save with rod, hook 
and line. Any violation of this section shall subject 
the offender to a penalty of ten dollars for each fish 
so cauirht. 

Section 7. No person shall catch or kill in the 
Delaware river, nny black bass or wall-eyed pike 
under six inches in length, or any rock bass under 
five inches in length, under a penalty of ten dollars 
for every fish so caught. But should any fish be 
taken of a less size than the above, or should any 
wnll-eyed pike or rock bass of any size be taken 
within two years from the passage of this act, it shall 
be the duty of anyone taking or capturing the same 
to return the fish immediately to the water from 
whence taken. Any violation of the law shall sub- 
ject the offender to a penalty of ten dollars for each 
and every fish so caught. 

Section 8. Nothing in this act shall be so construed 
as to prevent the catching of bait fish, other than 
game fish, by means of hand or cast nets for angling 
or scientific purposes, or the catching of game fish 
by order of any member of the State Fish Commis- 
sion of any State having jurisdiction in the Delaware 
river for the purpose of stocking other waters. 

Section 9. Any fish commissioner, fish warden, 
deputy warden, sheriff, deputy sheriff, constable, po- 
liceman, or any special officer of this Commonwealth, 
is hereby authorized to destroy any fish-basket, eel- 
weir, fyke net, shore-net, drift-net, dip-net, wing 
wall or wing walls, or any illegal device named in 
any section of this act, and they are hereby authorized 
to arrest forthwith any person placing, erecting, using 
or fastening them. Any person or persons interfering 
with any of the above officers in the discharge of 
their duties or resisting arrest, shall pay a fine of 
one hundred dollars or be imprisoned three months in 
the county jail, or shall be subject to both penalties 
at the discretion of the magistrate or court before 
which he or they shall be convicted. 

Section 10. Any fish commissioner, fish warden, 
deputy fish warden, sheriff, deputy sheriff, constable, 
policeman, or special officers of this Commonwealth, 
is hereby authorized to apprehend arrest and imme- 
diately take any person who may be guilt of the vio- 



And at no 
time save 
with hook 
and line. 



Black bass 
Tinder 6 
inches in 
length and 
wall eyed 
pike under 
.T inches in 
leni-'th not 
to be 
canght. 

If canght to 
be returned 
to water. 

Penalty. 

Catching 
fish for cer- 
tain pur- 
poses allow- 
able. 



Duties of 
fish wardens 
and other 
officers. 



Penalty for 
interfer- 
ence with 
officers. 

Officers au- 
thorized to 
make ar- 
rests. 



184 



GAME, FISH AND FORESTRY LAWS. 



Hearing be- 
fore justices 
of the 
peace. 



Appeal. 



Costs. 



Application 
of fines re- 
covered. 



Repeal. 



lation of any of the provisions or sections of this act 
before any justice of the peace, magistrate or any 
other legally constituted authority, aud thereupon 
make charge of such violation of the law or any of 
the provisions thereof, and the magistrate shall forth- 
with hear and determine the charge and render judg- 
ment accordingly, with the right of certiorari or ap- 
peal as in all similar cases of arrest and conviction, 
and in case of any failure of any fish commissioner, 
warden or any other officer named above to prove his 
case the county in which it is heard shall pay the 
costs. 

Section 11. The fines imposed under any section 
of this act shall be paid to the treasurer of the county 
in which the prosecution shall be made and the said 
Treasurer of the several counties of the State shall 
pay over to the commissioners of fisheries all moneys 
forfeited and recovered by them by virtue of this act, 
and the said commissioners shall pay over the same 
to the Treasurer of the State. 

Section 12. All sections, provisos or acts incon- 
sistent with this act are herebv repealed. 

Approved— The 22nd day of May, A. D. 1889. 

JAMES A. BEAVER. 



A SUPPLEMENT 



May 
P. L. 



i, 1876. 
104. 



To an act, entitled "An act to amend and consolidate 
the several acts relating to game and game fish," 
approved May first. Anno Domini one thousand 
eight hundred and seventy-three, to require all per- 
sons engaged in any of the manufacturing interests 
of this State, accustomed to the washing of iron 
and other ores, and of coal preparatory to its use 
for coking, and engaged in the bu.siness of tanning, 
to prepare a tank or other suitable receptacle into 
which the sediment, culm or coal dust, the offal, 
refuse and the tan bark and liquor therefrom used 
in tanning, so far as is practicable may be pre- 
vented from passing into or upon any of the rivers, 
lakes, ponds or streams of this Commonmealth. 

Section 1. P>e it enacted, «S:c., That section seven- 
teen of the act aforesaid be and the same is hereby 
amended so that the same shall read as follows, 



GAME, FISH AND FORESTRY LAWS 



135 



namely: That all persons engaged in any of the 
manufacturing interests of this State, accustomed to 
the washing of iron and other ores, and of coal pre- 
paratory to its use for coking, or .n the tanning of 
hides by a process in which vitriol is used, shall pre- 
pare a tank or other suitable receptacle into which 
the culm or coal dirt, the offal, refuse and the tan 
bark and the liquor, or the water therefrom, may 
be collected so that the sediment therefrom so far as 
is practicable, may be thereby prevented from passing 
into or upon any of the rivers, lakes, ponds or streams 
of the Commonwealth, under a penalty of fifty dol- 
lars for each offense, in addition to liability for all 
damages he or they may have done to any individual 
owners or lessees on such waters. 

Section 2. Whenever any constable or other officer 
making complaint in good faith of the violation of 
any of the provisions of this act, shall fail to recover 
the penalty or penalties mentioned in the seventeenth 
section of the act to which this is a supplement, in 
any prosecution or suit commenced by such constable 
or other officer, pursuant to the foregoing section of 
this or the act to which this is a supplement, the 
costs of suit recovered by him or them shall be a 
charge upon the proper county, aud shall be allowed 
as other county charges are audited and allowed ; 
and whenever the plaintiff or prosecutor is a private 
citizen, the costs shall abide the event of the suit 
or prosecution, and be paid as in other cases, and 
that section thirty-three of the act of first of May, 
Anno Domini one thousand eight hundred aud seventy- 
three, be and the same is hereby repealed. 

Approved— The 8th day of May, A. D. 1876. 

J. F. HARTRANFT. 



Manufactur- 
ers to pre- 
pare tank, 
for recep- 
tion of coal 
dirt, etc. 



Penalty. 



When con- 
s tallies costs 
to be 
charged 
upon county. 



When costs 
to abide 
event of 
suit. 

Repeal. 



AN ACT 



Relative to the appointment of police for corporations June lo, 

organized under the laws of this Commonwealth, i^^^- ^- ^• 
for the preservation and propagation of fish. 

Section 1. Be it enacted, &c.. That any corpora- ^i^^ ^orpo- 

tion organized under the laws of this Commonwealth have^speclal 

for the preservation and propagation of fish in this police. 
Commonwealth, may apply to the Governor to ^om- 



136 



GAME, FISH AND FORESTRY LAWS 



Police to 
take oath. 



Powers of 
police. 



To wear 
shield. 



Compensa- 
tion. 



mission such person as the snid corporation may desig- 
nate, to act as policemen for the protection of the 
property of such corporation. 

Section 2. The Governor, upon such application, 
may appoint such persons, or so many of them as 
he may deem proper, to be such policemen, and shall 
issue to such person or persons so appointed a com- 
mission to act as such policemen. 

Section 3. Every policeman so appointed shall, 
before entering upon the duties of his office, take and 
subscribe the oath required by the eighth article of 
the Constitution, before the recorder of the county in 
which the property of said corporation may be situ- 
ated, which oath, after being duly recorded by such 
recorder, shall be filed in the office of the Secretary 
of State, and a certified copy of such oath, made by 
the recorder of the county, shall be recorded with 
the commission in the county iu which the property 
of such corporation, for which such policeman is 
appointed, may be situated, and in which it is in- 
tended said policeman shall act; and such policeman 
so appointed shall severally possess and exercise all 
the powers of policemen in the county in which they 
shall be so authorized to act as aforesaid, and the 
keepers of jails and lock-ups or station houses in 
said county are required to receive all persons ar- 
rested by such policeman for the commission of any 
offense against the laws of this Commonwealth upon 
the premises of any such corporation, to be dealt 
with according to law. 

Section 4. Such corporation police shall, when on 
duty, severally wear a metallic shield with the word 
"police" and the name of the corporation for which 
appointed inscribed thereon, and said shield shall 
always be worn in plain view, except when employed 
as detectives. 

Section 5. The compensation of such police shall 
be paid by the corporation for which the policemen 
are respectively appointed, as may be agreed upon be- 
tween them. 

Section 6. Whenever any corporation shall no 
longer require the services of any policemen as afore- 
said, they may file a note to that effect under their 
corporate seal, attested by their secretary, in the 
office where the commission of such policeman has 
been recorded, which shall bo noted by the recorder 
upon the margin of the record where such commis- 



GAME, FISH AND FORESTRY LAWS. 



137 



sion is recorded, and thereupon the power of such 
policemen shnll cease and be determined. 
Approved— The 10th day of June, A. D. 1881. 

HENRY M. HOYT. 



AN ACT 

w eoLiiuiioii a Department of Fisheries, to provide » -i o 

for its proper administration, and to provide for iq'^s p ^ 

the protection and propagation of fish by the De- 12s,' 



To establish 



partment of Fisheries 



Section 1. Be it enacted, «S:c., That there be, and 
is hereby established a Department of Fisheries, to 
consist of a Commissioner of P^'isheries and four other 
citizens of the Commonwealth, who together shall 
constitute the Fisheries Commission, ench of whom 
shali be appointed and commissioned by the Governor, 
by and with the consent of the Senate, the Commis- 
sioner of Fisheries, for a term of four years, tvv^o of 
the said citizens for a term of two years, and two 
of said citizens for a term of four years, and thereafter 
all api)oiutments shall be made by the Governor, by 
and with the advice and consent of the Senate, for 
a term of four years. The persons so appointed, be- 
fore entering upon the discharge of their duties shall 
each take and subscribe to the oath of office pre- 
scrib-'d by article seven of the Constitution of Penn- 
sylvania. The Commissioner of Fisheries, and the 
Fisheries Commission, so appointed, shall be clothed 
with all the powers heretofore conferred by law, re- 
spectively, upon the Board of Fish Commissioners, so 
far as the same are consistent with the provisions of 
this act. 

Section 2. The Commissioner of Fisheries shall be 
the President and executive officer of the Fisheries 
Commission, and shall also be chief superintendent 
of all hatching-stations and fish-cultural establish- 
ments behmging to the State ; and he shall have full 
control and management of all such establishments, 
now existing or which may hereafter be established; 
and he shall have full control, direction and manage- 
ment of all fish-wardens or water-bailiffs ; and he shall 
assume full charge of the work of the enforcement 



Department 
of Fisheries. 



Fisheries 

Commissi' 

Terms. 



Oath of 
oflace. 



Powers. 



The Com- 
missioner to 
be presi- 
dent, execu- 
tive officer 
and chief 
superinten- 
dent. 



GAME, FISH AND FORESTRY LAWS. 



of the laws relating to the protection, propagation and 
distribution of fish and all fish-wardens, constables, 
police, sheriffs, and guardians of the peace, shall 
make prompt report to him of all cases of violation of 
the laws relating to fish. 

Section 3. It shall be the duty of the Fisheries 
Commission to encourage and promote the develop- 
ment of the fishery interests of the State, and to 
obtain and publish information respecting the extent 
and condition of the fisheries of the Commonwealth, 
and to make all rules and regulations for the enforce- 
ment of all laws designed for the protection, extension 
and propagation of fish; and it is empowered to em- 
ploy such legal and other service as may be necessary 
for the protection of fish, and for the apprehension 
and punishment of persons who may violate any of 
the laws relating to fish, or any of the rules and 
regulations which, under the powers herein given, 
may be adopted by the said Commission. 

Section 4. The Commissioner of Fisheries shall re- 
ceive a salary of three thousand dollars per annum, 
payable quarterly, by warrant drawn by the Auditor 
General on the State Treasurer, and in addition 
thereto shall be reimbursed for all necessary expenses 
of travel, which may be incurred in the discharge 
of the duties of his office : and the other members of 
the Commission shall serve without salary, but shall 
be reimbursed for all necessary expenses incurred by 
them in the performance of the duties of their ofiice. 

Section 5. The Fisheries Commission shall have 
an office in the State Capitol, and it shall be the duty 
of the Board of Commissioners of Public Grounds 
and Buildings to provide, from time to time, the 
necessary rooms, furniture apparatus and supplies for 
the use of the Department of Fisheries, croated under 
the provisions of this act. 

Section 6. The Commissioner of Fisheries shall 
have the power to employ one clerk, at a salary of 
twelve hundred dollars per annum ; one stenographer, 
at a salary of six hundred dollars per anninn ; said 
salaries to be paid monthly, by warrants drawn by 
the Auditor General on the State Treasurer. 

Section 7. This act shall take effect on and after 
the first Monday of June, one thousand nine hundred 
and three. 

Section 8. That all acts or parts of acts inconsist- 



GAME, FISH AND FORESTRY LAWS. 



139 



ent with the provisions of this act be and the same 
are hereby repealed. 
Approved— The 2d dny of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



AN ACT 

To regulate the catching or taking, within this Com- 
monwealth, of bullfrogs and terrapin, and providing 
a penalty therefor. 

Section 1. Be it enacted, &c., That from and after 
the passage of this act, it shall be unlawful to catch, 
take or kill any bullfrogs, only from the first day 
of July to the first day of November, and terrapin 
save only from the first day of November to the fif- 
teenth day of March, in each year. 

Section 2. Any person or persons offending against 
the provisions of this act shall be liable to a fine 
of twenty-five dollars for each and every offense, 
which shall be payable to the school district in which 
such offense is committed, and may be sued for and 
recovered before any alderman or justice of the peace 
of the proper countv. 

Approved— The 6th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 

Under an opinion of the Attorney General the snap- 
ping turtle is not classed as terrapin. 



April 6, 
1903, p. 
155. 



Bullfrogs 
aud terra- 
pin. 

Open season 



Fine. 



140 GAME, FISH AND FORESTRY LAWS. 



AN ACT 

To classify the fish in the waters within this Com- 
monwealth ; declaring which are gnme fish, which 
are food fish, and which are bait fish, and to regu- 
late the catching and sale and encourage the pro- 
pagation of the same, to protect the waters within 
this Commonwealth from unfair, improper, waste- 
ful and destructive fishing, and to protect the fish 
from being destroyed or injured by destructive 
means; to provide for the appointment of fish-war- 
P^\ 353^ dens, and to declare their oflicial powers and duties; 

to encourage and regulate the propagation of fish 
within this Commonwealth, and to regulate the 
free distribution of the same by the Department of 
Fisheries, in the waters within the same; to define 
powers and duties of the Department of Fisheries ; 
to regulate the sale and shipment of fish artifically 
propagated for profit; to forbid the sale of unlawful 
devices for catching fish ; and to provide penalties 
and punishments for the violation of the provisions 
of this act, and providing how and by whom the 
costs shall be paid. 

Species of Section 1. Be it enacted, &c.. That the fish with- 

fish. in this Commonwealth are hereby designated and 

classified, for the purposes of this act, as follows; 

Game fish. ^o wit. The following are classified as game fish: 
Charr, commonly called brook trout, all species of 
trout and of the salmon family ; blue pike ; pike- 
perch, otherwise known as Susquehanna salmon, or 
walleyed pike; pickerel, western pike; muscallonge ; 
small-mouthed bass, otherwise called black bass; 
large-mouth bass, otherwise called Oswego, green or 
yellow bass, crappie, grass, strawberry, or calico 
bass; white bass; rock bass, otherwise known as 
red-eye, or goggle-eye; and all other species or varie- 
ties of fresh water fish, called or commonly known 
as bass, except striped bass, or rock fish, and fall 

B-it fish ^^^^" "^ following are classified as bait fish; to wit. 

All forms of minnows, all forms of killifishes and 
stone catfish. That all other species or variety of 

Food fish. fish, whatsoever, in the waters within this Common- 
wealth, are hereby classified as food fish. 



GAME, FISH AND FORESTRY LAWS. 



141 



Section 2. That it shall be unlawful to use any 
device, means, or method whatsoever, for taking fish 
from the waters within this Commonwealth, except 
the following; to wit. For game fish, with rods and 
lines, or with hand-line, and for pickerel and yellow 
perch, also with tip up, and for suckers, through the 
ice, with pole and burr hook ; for bait fish in any 
manner or at any time, except by use of poison or 
explosives: for food fish, with rods and lines and 
hand-line, at any time of the year; outline, otherwise 
called set line; dip-net, eel-pot, or fyke net, each 
without wings, a seine, or a fish-basket: Provided, 
That nothing herein shall be held to apply to fishing 
with rod and line or hand-line, unless the person 
fishing therewith shall have in possession any fish 
which may not lawfully be caught: And provided. 
That no device except a single rod and line shall be 
used by any person in waters inhabited by charr, or 
trout, except that in such waters suckers may be 
taken with pole and burr hook: And provided fur- 
ther, That in streams, not inhabited by trout, eels, 
carp, suckers, and mullets may be taken by the use 
of gig or spear, during the months of July, August, 
September and October of each year: Provided 
further. That no person shall use, when fishing for 
pickerel or yellow perch, more than eight tip-ups. 
Provided also, That both rods and lines or hand line 
shall not have attached to it more than three hooks, 
and that one burr of three hooks shall be considered 
as one hook: Provided further. That the nets and 
devices, described hereinbefore as legal, may also be 
used under the conditions and regulations hereinafter 
set forth ; but that nothing herein shall be held to for- 
bid the use of the gaff or the landing-net to assist 
in landing fish already caught by lawful devices: Pro- 
vided further, That no fishing of any kind, or with 
any device, shall be done by any person or persons 
on the first day of the week, commonly called Sunday. 
Any person violating any of the provisions of this 
section, shall, on conviction as provided in section 
twenty-seven of this act, be subject to a penalty of 
twenty dollars, except as hereinafter otherwise pro- 
vided. 

Section 3. That it shall be unlawful to fish for, 
or have in possession, the same being killed, charr, 
commonly called brook trout, or any species of trout 
except lake trout, from the first day of August to 



Lawful man- 
ner of fish- 
ing. 



Proviso. 
Illegal pos- 



Proviso. 

Devices in 
trout waters. 

Proviso. 

Eels, carp, 
suckers and 
mullets. 

Proviso. 

Tip-ups. 

Hooks. 

Proviso. 

Gaff and 
landing net. 

Proviso. 

Sunday fish- 
ing prohib- 
ited. 

Violations. 

Penalty. 

Trout. 

Open season. 



142 



GAME, FISH AND FORESTRY LAWS. 



Blue pike, 
pike-perch, 
pickerel and 
yellow 
perch. 



Length of 
fish which 
may be 
legally 
caught. 



Number 
which may 
be legally 
taken. 



Violations. 

Penalty. 

Proviso. 

Limit of 
penalty. 

Proviso. 

Replaced 



Fyke nets 
and eel pots. 



Close sea- 
son. 



the fourteenth day of April next ensuing, both in- 
clusive, except as provided in section eleven of this 
act ;or blue pike, pike-perch , otherwise called wall- 
eyed pike or Susquehanna salmon, and pickerel and 
yellow perch, from the first day of January to the 
fourteenth day of June, both dates inclusive; or any 
other game fish, from the first day of December to the 
fourteenth day of June next ensuing, both inclusive. 
It shall be unlawful also to catch aijd kill, or have in 
possession, the same being killed, any white bass, rock 
bass, crappie, strawberry, or calico bass, or any yel- 
low perch; charr, otherwise called brook trout; or 
any species of trout, except lake trout, less than six 
inches in length ; any black bass or small-mouthed 
bass; large-mouth bass, otherwise called Oswego, or 
yellow bass; striped bass, otherwise called rock fish, 
lake or salmon trout, less than eight inches in length; 
or any bkie pike, pike-perch, otherwise called wall- 
eyed pike, or Susquehanna salmon, or any pickerel, 
less than twelve inches in length; or any muscallonge 
or western pike, less than twenty-four inches in 
length ; or any sturgeon less than five feet in length ; 
and the measurement of said fish shall be from the 
tip of nose to the tip of tail; and it shall be unlawful 
for any one person to catch, kill, or have in posses- 
sion, the same being killed, more than forty charr, 
or trout; or more than twelve small or large-mouth 
bass; or more than twenty-five rock bass, white bass, 
calico bass, crappie, pickerel, blue pike, or pike- 
perch ; or more than four muscallonge or western 
pike, in any one day. Any person violating any of 
the provisions of this section, shall, on conviction as 
provided in section twenty-seven of this act, be sub- 
ject to a penalty of ten dollars for each and every fish 
so taken, caught, or had in possession: Provided, 
however. That no penalty in the aggregate shall ex- 
ceed one hundred dollars: And provided further, That 
no penalty shall be imposed if any fish, caught in 
violation of any provision of this act, is returned at 
once to the water from which it was taken, in the 
condition in which it was captured. 

Section 4. It shall be unlawful to use fyke nets, 
eel pots, and dip nets from the first day of June to 
the thirtieth day of June, inclusive, except as pro- 
vided in section five of this act; and it shall be un- 
lawful to use nets from the first day of July until 
thirty-first day of May of the year next ensuing, both 



GAME, FISH AND FORESTRY LAWS. 



143 



dates inclusive, excepting for tlie capture of eels, cat- 
fish, suckers, mullets, and carp: Provided, That dip 
nets shall have meshes not less than two and one-half 
inches stretched measure, while being fished, or one 
and one-quarter inches from knot to knot ; and that 
no fyke net, commonly called set net, or any ell pot, 
shall have any wings attached to either of them, or 
be set or fastened to any wing-Avalls, or within ten 
feet of any wing-walls, or be set within ten feet of 
each other, and the space between each net shall be 
free from all obstructions for the free passage of fish ; 
or for any fyke net or eel pot to have an entrance into 
the funnel thereof of more than six inches, or with on 
outside diameter of the mouth of more than thirty 
inches, horiontal measurement; nor shall such nets 
be used in any streams inhabited by trout, at any time 
of the year; nor shall any such nets be set, fastened, 
or used from Saturday noon until Monday morning at 
six o'clock of the week next ensuing: Provided fur- 
ther. That each fyke net or eel pot must have fastened 
thereon a metallic tag bearing the name and residence 
of the owner thereof. Any person violating any of 
the provisions of this section, shall, on conviction as 
provided in section twcx^ty-seven of this act, be sub- 
ject to a penalty of twenty dollars, together with the 
forfeiture of all boats, nets and other appliances used, 
to the Department of Fisheries. 

Section 5 As Amended by Act of June 3rd, 1911. 
P. L. 560. 
Section 5. It shall be unlawful to fish for herring, 
or alewife, or shad, excepting with rod and line, hand- 
line, or with a haul seine, sometimes called a shore 
seine; or with a dip net, or with a hold-in-net, some- 
times called a moon-rake, the meshes of which shall 
not be less than two and one-half inches stretched 
measure, or one and one-quarter inches from knot 
to knot while being fished ; or for sturgeon, with nets, 
the meshes of which shall not be less than thirteen 
inches while being fished ; and it shall be unlawful to 
use said nets for shad, herring, or alewife from the 
twentieth day of June to the first day of March of 
the year next ensuing: Provided, That nothing in 
this section shall be construed as to forbid the catching 
of carp and other food fish of legal size or weight, ex- 
cepting sturgeon, in such nets while being legally 
used for the catching of shad or herring or alewife. 
Any person violating any of the provisions of this 



Proviso. 



Sizes of 
mesh. 



Wing- walls. 



Diameter of 
mouth. 



Proriso. 

Tag. 

Violations. 

Penalty. 

Forfeiture. 



Herring, 
ale-wife and 
shad. 

Seines and 
nets. 



Sturgeon. 

Close season. 
Proviso. 

Carp and 
food fish. 



144 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



Outlines. 



Close season. 

Open season; 
carp, suck- 
ers, mullets, 
catfish and 
eels. 

Proviso. 

Weighted. 



Limit of 
snoods. 



Legal hours. 



Tags. 



Return of 
fish illegally 
talien. 



Trout 
waters. 



Violations. 
Penalty. 



section shall, on conviction thereof as provided in sec- 
tion tvv^enty-seven of this act, be subject to a penalty 
of one hundred dollars, and shall forfeit to the De- 
partment of Fisheries all nets, boats and appliances 
used. 

Section 6. That it shall be unlawful to fish for 
fish of any kind in the waters of this Commonwealth, 
with outlines, commonly called set lines, or lines 
fastened or anchored at both ends, from the first day 
of December until the first day of June in the year 
next ensuinA', both dates inclusive. It shall be lawful 
for any person to use and operate such outlines, as 
described in this section, from the first day of June 
to the thirtieth day of November next ensuing, both 
dates inclusive, fo/ the capture of carp, suckers, mul- 
lets, catfish and eels only: Provided, That said out- 
lines be sunk to the bottom, and be so v/eishted that 
the hooks shall rest UDon the bottom, and that cut 
or dead bait only shall be used: Provided further. 
That no one person shall use or attach to said outlines, 
in the aggregate, more than one hundred snoods, with 
not more than one hook attached to each: And pro- 
vided. That during the season or period when it shall 
be lawful to operate outlines, for the capture of the 
fishes aforesaid, it may only be done from five o'clock 
in the evening until Sx'ven o'clock in the morning next 
ensuing, when said outlines must either be removed 
entirely from the water or the snoods or bait be de- 
tached and removed, unless it is shown to the satis- 
faction of the court that it was a physical impossi- 
bility to comply with this provision: And provided 
further, That the owner or operator of such outlines 
must either be present and exercise supervision over 
them or have attached to each line thereof a metallic 
tag bearing the nr.rae and address of the owner: Pro- 
vided further, That any fish other than those named 
in this section, when caught on such lines, shall be 
immediately removed therefrom and set free into the 
waters from which they were taken: And provided 
further. That no outline shall be set or operated in 
any waters inhabited by trout. Any person violating 
any of the provisions of this section, shnll, on con- 
viction thereof as provided in section twenty-seven of 
this act, be subject to a penalty of twenty dollars, 
and shall forfeit to the Department of Fisheries all 
lines, boats, and other appliances used. 

Section 7. That it shall be unlawful for any per- 



GAME, FISH AND FORESTRY LAWS 



14n 



son or persons to place anj' device or object in the 
waters, within this Commonwealth, in such a manner 
as to obstruct the migration or passage of fish therein, 
or to obstruct any fishway ; or to fish with nets or 
devices whatsoever, execpting rods and lines, within 
four hundred feet of any dam or fishway, or such dis- 
tance as may be determined by the Commissioner of 
Fisheries, such determinatoin to be plainly posted 
upon tlie fishv/ay or adjacent shores; and any ob- 
struction not permitted by existing laws, when found, 
shall be removed forthwith by any Fish Commissioner, 
fish wardon, sheriff or other peace officer; and no 
rods and lines shall be used for fishing within one 
hundred feet of the upper or lower end of any fishway. 
Any person violating any provisions of this section, 
shall, on conviction thereof as provided in section 
twenty-seven of this act, be subject to a penalty of 
fifty dollars. 

Section 8. Providing for the taking of eels, etc., 
through the use of fish-baskets, was repealed by the 
act of May 31st, 1913. P. L. 

Section 9. That any person, company, or corpora- 
tion owning or maintaining a dam or dams, or who may 
hereafter erect or maintain a dam or dams in the 
waters of this Commonwealth, shall immediately, on 
a written order from the Commissioner of Fisheries, 
erect therein such chutes, slopes, fishways, gates, or 
other df'vice as the Board of Fishery Commissioners 
may decide necess.-si-y, to enable the fish to ascend and 
descend the waters at all seasons of the year; and 
every such chute and other device, as aforesaid, shall 
be maintained, open and in good order and repair, by 
the person, company, or corporation owning or main- 
tainirg such (h.m, until said dam is removed, raised, 
or rebuilt; and any person, company or corporation 
refusing or neglecting to comply with the provisions of 
this section, within three months from the date of 
such notice, shall forfeit and pay the sum of fifty 
dollars for every month he or they so neglect, which 
sum or sums shall be recovered by civil suit and pro- 
cess, in the name of the Commonwealth, and when 
collected shall be paid by the Commissioner of Fish- 
eries into the Treasury of the Commonwealth. If, 
after the lipse of three calendar months, the pers<m, 
companv'^r corporation owning or maintaining said dam 
or dams still neglect or refuse to erect or place, or 
mniTitain unchanged, open and in good order and re- 



Obstructions 
of migra- 
tion, or fish 
ways. 



Fishing near 
dam or fish- 
way. 



Violations. 
Penalty. 



Dams. 



Chutes, 
slopes, fish- 
ways, gates, 
etc. 



Neglect or 
refusal. 



146 



GAME, FISH AND FORESTRY LAWS. 



Powers of 
Board. 



Cost of con- 
struction. 



Proviso. 



Closing for 
repairs, etc. 



Bar rack a 
race-way, 
flume or 
Inlet. 

Neglect or 
refusal. 

Fine. 



Powers of 
Board. 



pnir, the appliance or appliances as directed by the 
Commissioner of Fisheries, the said commissioner is 
empowered to enter upon such dam or (dams, and erect 
such slopes, chutes, fishways or mates, or make such 
repairs as may have been directed as aforesaid ; and 
the cost thereof shall be charged against the person, 
company or corporation owning or maintaining such 
dam or dams, to be recovered by the Commissioner 
of Fisheries by civil suit and process, in the name of 
the Commonwealth: Provided, That where, by rea- 
son of any dam or dams haviug been constructed 
prior to any requirement by law of the placing of 
chutes, slopes or fishways therein, or for any other 
reason, the owner or owners of, or person or persons 
maintaining, such dam or dams cannot be compelled 
by law to pay the cost of erecting such slopes, chutes, 
and fishways by the Commissioner of Fisheries, as 
provided in this section, shall be paid by the Com- 
monwealth of Pennsylvania, out of such funds as may 
be appropriate and provided further, that the 
chutes and other devices aforesaid may be closed 
for repair, or in time of low water, but 
such closing shall be only for a period of thirty days 
at any one time. 

Section 10. That from and after the passage of 
ihis act, any person, company or corporation owning 
or operating a raceway, flume or inlet pipe, leading 
to a water wheel, turbine, pump or canal, shall, im- 
mediately upon receipt of a written order from the 
Commissioner of Fisheries, place and maintain a bar 
rack, of not less than one inch nor more than one 
and one-half inch space between the bars in or near 
such raceway, flume, or inlet pipe, sufficient to pre- 
vent fish from entering therein. Any person, com- 
pany, or corporation refusing or neglecting to comply 
with such order for a period of one month shall forfeit 
and pay the sum of fifty dollars, which shall be re- 
covered by civil suit and process, in the name of the 
Commonwealth, and when collected shall be paid by 
the Commissioner of Fisheries into the State Treas- 
ury. If one month after notification, the person, 
company, or corporation, owning or operating such 
raceway, flume, or inlet pipe, has not placed such bar 
rack, as may have been directed, the Commissioner 
of Fisheries is empowered to enter upon such raceway, 
flume, or inlet pipe, and place such bar rack of not 
less than one inch nor more than one and one-half 
inch space between the bars ; the cost thereof shall 



GAME, FISH AND FORESTRY LAWS, 



147 



be charged against the said person, company, or cor- 
poration, and, if not promptly paid, such cost may 
be recovered by civil suit and process, in the name of 
the C(»mmonwe;ilth. 

Section 11. That hereafter before any person or 
persons, corporation or corporations, or partnership, 
limited or unlimited, shall engage in the artificial pro- 
pagation of any species of game lish or food fish, for 
the purpose of selling the same, the said person or 
persons, corpora tit m or corporations, or partnership, 
limited or unlimited, shall first apply to the Depart- 
ment of Fisheries for a license ; and said person or 
persons, corporation or corporations, or partnership, 
limited or unlimited, shall fill out blanks supplied by 
the Department of Fisheries, setting forth answers 
to any questions which the said Department fo Fish- 
eries may put with reference to the size, character 
and purpose of said plant; and if such answers 
promise and undertake that the applicant will con- 
duct the business applied for according to law, and 
that no dams, ponds, or other devices, which will 
prevent the free migration of fish, are to be erected 
or placed by such applicant in any stream flowing 
over his or their property, and that the ponds on 
said plant are to be for commercial purposes, the 
said person or persons, corporation or corporations, 
or partnership, limited or unlimited, shall then pay a 
license fee of ten dollars to the Department of Fish- 
eries. Thereupon the said Department of Fisheries 
shall issue a license to said person or persons, cor- 
poration or corporations, or partnership, limited or 
unlimited, to carry on the business of propagating and 
selling any species of game fish or food fish, or the 
eggs thereof, during the calendar year, that the holder 
or holders of said license may catch or kill game 
fish and food fish, from the ponds on their property, 
in any manner whatsoever, except with explosives 
or poisonous substances ; or they may sell or dispose 
of, in any manner whatsoever, any species of such 
game fish or food fish, or the eggs thereof, at any 
time of the year; and express or railroad companies 
may carry and transport the same: Provided, That 
no fish shall be caught out of any stream flowing 
over the property of such person or persons, corpora- 
tion or corporations, or partnership, limited or un- 
limited, holding such license, except in accordance 
with the provisions of sections two and three of this 
act: Provided, That with each sale of any species of 



The cost. 



Artificial 
propaga- 
tion. 



Application 
for license. 



License fee. 



Proviso. 



Lawful fish- 
ing. 



Proviso. 



148 



GAME, FISH AND FORESTRY LAWS. 



Certificate 
or invoice. 



Annual 
statement. 



Trout eggs. 



Violations. 
Penalty. 



Purchase or 
sale of 
brook trout. 



purchaser a certificate or invoice of sale bearing the 
date of sale, the number of the license, the number of 
fish or the number of pounds sold, or both, which said 
game fish or food fish, there shall be furnished the 
certificate or invoice must be shown by the holder, 
fish or the number of pounds sold, or both; which said 
purchaser a certificate or invoice of sale, bearing the 
date of sale, the number of the license, the number of 
on demand, to any fish warden, clerk of the market, 
constable, or person authorized to make arrests for 
violation of the Inws relating to fish and fishing within 
this Commonwealth; and the said certificate or invoice 
shall hold good for the period of six days from che 
date thereof. Any person or persons, corporation or 
corporations, or partnership, limited or unlimited, 
holding a license for conducting an establishment for 
the propagation of any species of game fish or food 
fish, shall mail a sworn statement, in Avriting, to the 
Department of Fisheries annually, on the first day of 
December, of the number of pounds and the number 
and value of game fish and food fish, or the eggs 
thereof, sold and disposed of during the year; and the 
property and books of said person or persons, cor- 
poration or corporations, or partnership, limited cr 
unlimited, engaged in the propagation and sale of any 
species of game fish or food fish, or the eggs thereof, 
under the provisions of this section, shall be open to 
inspection by the Commissioner of Fisheries at all 
times; and snid person or persons, corporntion or cor- 
porations, or partnership, limited or unlimited, shall 
not in any manner stock or maintain their establish- 
ments by any species of charr, trout, or charr or trout 
eggs, taken from any waters within this Common- 
wealth, not ovv-ned, occupied or controlled by them, 
excepting that they may exchange such eggs or the 
fry of any species of trout, or other game or food fish, 
with the Department of Fisheries. Any person or 
persons, corporation or corporations, or partnership, 
limited or unlimited, violating any of the provisions 
of this section, shall, on conviction thereof, be subject 
to a penalty of one hundred dollars for each and 
every offense, as provided in section twenty-seven of 
this act. 

Section 12. That it shall be unlawful for any 
proprietor, manager, clerk^ or agent of any market, 
hotel, boarding-house, eating-house, restaurant, or sa- 
loon, or any person, company, or corporation, in this 
Commonwealth, to purchase, sell, or expose for sale 



GAME, FISH AND FORESTRY LAWS. 



149 



species of trout; or contract with or employ nny per- 
son or persons to catch and keep such fish for him 
or them, by the day or otherwise: Provided, That 
nothing in this section shall be so construed as to pre- 
vent any person, company, or corporation from sell- 
ing charr, commonly called brook or speckled trout, 
or any species of trout, bred or raised artificially, 
under the provisions of section eleven of this act: 
And provided further, That nothing in this section 
shall be so construed as to prohibit any person or per- 
sons from employing a guide to accompany him or 
them when fishing. Any person violating any of the 
provisions of this section, sha'il, on conviction as 
provided in section twenty-eight of this act, be sub- 
ject to a fine of twenty dollars for each and every 
offense so committed. 

Section 13. That it shall be unlawful to purchase, 
sell, or offer for sale, or have in possession, any 
fresh dead game fish, wherever caught, within this 
Commonwealth, or any fresh dead food fish, caught in 
the waters within this Commonwealth, except during 
the lawful period for catching the same, and the 
space of six days after such period has expired: Pro- 
vided however. That nothing herein shall be so con- 
strued as to prohibit the sale of food or game fish, 
artificially propagated, by any person or persons under 
the provisions of section eleven of this act. Any per- 
son or persons violating any of the provisions of this 
section, shall, on conviction thereof as provided in 
section twenty-seven of this act, be subject to a 
penalty of ten dollars for each fish. 

Section 14. That it shall be unlawful to fish, or 
trespass with intent to fish, in or upon any waters, 
or beds or banks of any waters, or any lands con- 
trolled, owned or occupied by the Department of Fish- 
eries ; or wilfully and maliciously destroy or damage 
any ponds, property, or appliances whatever, of the 
said Department ; or to interfere or obstruct, pollute 
or diminish, the natural flow of water into or through 
such State hatchery or lands. Any person or persons 
violating any of the provisions of this section, shall, 
on conviction thereof in accordance with section 
twenty-seven of this act, be subject to a penalty of one 
hundred dollars or six months imprisonment, or both. 

Section 15. That any domestic birds or fowls tres- 
passing on any waters or lands controlled, used, or 
occupied, entirely for the artificial propagation of 
fish, may be killed by the owner or occupant thereof, 



Proviso. 



When arti 
ficially pro- 
pagated. 

Guides. 

Violations. 

Fine. 



Purchase, 
sale, or pos- 
session out 
of season. 



Proviso. 



Artificially 
propagated. 



Penalty. 

Trespass on 

hatchery 

waters. 



Violations. 
Penalty. 



Domestic 
birds and 
fowls. 



150 



GAME, FISH AND FOREvSTRY LAWS. 



Proviso. 

Wild birds 
and animals. 

Fishing with 
electricity, 
poison, or 
explosives. 



Pollution of 

waters. 

Engineering 

purposes. 

Violations. 



Fine. 



CarniTorous 
flsh. 



Violations. 
Fines. 



any chnrr, commonly called brook trout, or any 
or his agent in charge of the same, after having given 
five days' notice to the owners of said birds to pre- 
vent such trespassing: Provided further. That said 
owner or owners, occupant or agent, shall have the 
right to kill any wild birds or wild animals destruc- 
tive to fish life whenever found on such grounds. 

►Section 16. That it shall be unlawful for any per- 
son to put or place in any waters within the Com- 
monwealth any electricity, or any explosive or poison- 
ous substances whatsoever, /~/r any drug, or any poison 
bait, for the purpose of catching, taking, killing, or 
injuring fish; or to allow any dye-stuff, coal or gas 
tar, coal oil, smw dust, tan bark, cocculus indicus 
(otherwise known as fish berries), lime, vitrol, or any 
of the compounds thereof, refuse from gas-houses, 
oil-tanks, pipes, or vessels, or any deleterious, de- 
structive, or poisonous substances of any kind or char- 
acter, to be turned into, or allowed to run, flow, 
wash, or be emptied into, any of the waters afore- 
said, unless it is shown to the satisfaction of Com- 
missioner of Fisheries, or the court, that every reason- 
able and practicable means have been used to pre- 
vent the pollution of waters in question by the escape 
of deleterious substances. In the case of the pollu- 
tion of waters by substances known to be injurious 
to fishes or to fish food, it shall not be necessary to 
prove that such substances have actually caused the 
death of any particular fish: Provided, That nothing 
in this section shnll prohibit the use of explosive for 
engineering purposes, when a written permit has been 
given thereof by the proper national, state or mu- 
nicipal government. Any person violating any of the 
provisions of this section, shall, on conviction as 
provided in section twenty-seven of this act, be sub- 
ject to a fine of one hundred dollars. 

Section 17. That it shall be unlawful to place in 
any waters within- this Commonwealth inhabited by 
charr or any species of trout, without the consent of 
the owner or owners of the land upon which such 
waters are located, and without the written consent 
of the Commissioner of Fisheries, any other carnivor- 
ous fish. Any person violating any of the provisions 
of this section, shall, on conviction thereof as pro- 
vided in section twenty-seven of this act, be subject 
to a fine of fifty dollars. 

Section 18. That the Commissioner of Fisheries 



GAME, FISH AND FORESTRY LAWS. 



151 



shall have the right to catch fish at any season of 
the year, and with any kind of nets, or devices not 
poisonous or explosive ; and also the ris^ht to grant 
written permission so to do, for a period not longer 
than one year to persons engaged in scientific re- 
search; and also to corporations, associations, person 
or persons, for the purpose of propagation of fish 
or stocking waters therewith, or the removal of fish 
found by the Commissioner of Fisheries to be hurtful 
or injui'ious to other fish life: Provided, That those 
persons who are permitted to catch fish, as aforesaid, 
shall make return, in writing, to the said Commis- 
sioner of P^isheries all fish caught by them and of the 
use m:ide bv them of the fish so caught. 

Section 19. That it shall be the duty of the Com- 
missioner of Fisheries to make free distribution or 
planting of the fish produced at the State fish hatch- 
eries, or otherwise acquired, in the following order or 
preference: First To the public waters of the Com- 
monwealth, and to the waters within the Forestry 
Reserves belonging to the Commonwealth: Second. 
To the public school authorities and persons connected 
with institutions of learning, who may apply for the 
same for educational purposes, or for scientific re- 
search, and to persons applying for fish cultural and 
acquarium purposes and show ponds: Third. To 
the waters within this Commonwealth, of which the 
bed and banks are the subject of private ownership, 
upon the written application of one or more of the 
owners or lawful occupants thereof: Provided, That 
such waters be suitable for the fish applied for, and 
that the applicant or applicants shall agree, in such 
application, to allow lawful fishing by the public in 
the waters over their lands which are planted with 
fish upon such application, and that they, the said 
applicants, shall have and claim no right to eject 
or molest any persons lawfully fishing on their lands, 
on the banks of or over such waters, in a peaceful 
and ordei'ly manner: Provided, That during the open 
season for game or food fish the owner, lessee, or 
occupant of the real estate through which or over 
which the stream so stocked with game or food fish 
shall pass, or the owner, lessee, or occupant of the 
bank of any natural lake or pond so stocked with 
game or food fish, shall hereafter not have the au- 
thority to forbid fishing along the banks or in the 
said stream or waters ; but the person or persons so 



Powers of 

Commis- 
sioner. 



Scientific 
research, 
etc. 



Proviso. 



Returns. 

Dis?tribution 
and plantinsr 
of fisli. 

Preference. 



Proviso. 



Public 
fishing. 



Public 
fishing. 



152 



GAME, FISH AND FORESTRY LAWS. 



Damages. 



Unlawful, 
applications. 



False repre- 
sentation. 



Fine. 



Nursery 
streams. 



Owners' 
consent. 



Violations. 
Fine. 



Nets or 
devices. 



License 
fees. 



fishing shall be liable in trespass for any .nnd all dam- 
age which he or they may do the said real estate or 
other property: Provided further. That nil persons 
fishing on or over the land of others, by virtue of the 
provisions thereof, shall be liable for nil damage 
they may cause during such occupation: Fourth. To 
the waters, last aforesaid, whose owners are non- 
residents and unknown, or who by habit and custom 
permit the public to fish therein: Provided, That such 
planting may, at the discretion of the said commis- 
sioner, be made without application thereafter. That 
it shall be unlawful to apply to the Commissioner 
of Fisheries for any fish, if such applicant prohibits 
or prevents fishing by the general public in the waters 
flowing over his land ; but nothing in this section 
shall be held to prevent the Commissioner of Fisher- 
ies from planting fish in suitable waters, without ap- 
plication. Any person who shall, by false reprf»senta- 
tiou, receive fish from the Department of Fisheries, 
and plant the same in waters where the public are 
not allowed to fish, shall, on conviction thereof as 
provided in section twenty-seven of this act, be sub- 
ject to a fine of twenty-five dollars for each offense. 

Section 20. That the Commissioner of Fisheries is 
authorized to set aside, at his discretion, such small 
streams as he may judge best as nursery streams, in 
which fishing shall be prohibited at ail times in the 
year ; said streams to be posted by the Department 
of Fisheries, at the outlet by a conspicuous notice, 
and also at intervals of three hu^^ired yards: Pro- 
vided, That before such streams sh.-iJ be so desi^rnated 
and set aside, the owner or owners shall first give 
their consent in writing. If after any stream has 
been set aside, under the provisions of this section, 
any person fishing therein, shall, on conviction thereof 
as provided in section twenty-seven of this act, be 
subject to a penalty of twenty dollars. 

Section 21. That before any person shall use, set, 
or fish with any of the following nets or devices for 
catching food fish, he shall first take out a license 
therefor from the treasurer of the county in which 
the person or persons reside, and for which he or 
they shall pay the following sums annn:illy: For 
each seine net, two dollars; for each fish-basket, one 
dollar. On making payment of the sum or sums 
named, such license fee shall be paid by the county 
treasurer forthwith to the Department of Fisheries, 



GAME, FISH AND FORESTRY LAWS. 



153 



and the Department of Fisheries shall pay over the 
same into the State Treasury ; and such license shall 
hold good for the calendar year in which it is issued. 
The county treasurer on receiving said license fee or 
fees shall issue, to the person or persons paying the 
same, a certificate, on one of the forms supplied to 
him by the Depjirtment of Fisheries, bearing the name 
and place of residence of each applicant, or appli- 
cants, and the name and number of the nets or de- 
vices perraitt(>d, and otherwise properly filled out; 
which said certificate or license shall permit the owner 
or owners thereof to use the device or devices named 
for the next lawful season, in accordance with the 
provisions of this act, and a duplicate of each license 
shall be forwerded, with the license fee, to the De- 
partment of Fisheries. The certificate shall be shown 
to any fish warden, constable, or any other person or 
persons authorized to make arrests for any violation 
of any of the laws relating to fish and fishing in this 
Commonwealth. Any person or persons w^ho shall use 
any of the above described devices without first tak- 
ing out a license, shall, upon conviction as provided 
in section twenty-seven of this act, be subject to a 
fine of twenty dollars. 

Section 22. That it shall be unlawful for any per- 
son or persons to remove fish from any licensed de- 
vice or net without the authority of the owner or 
owners thereof, except that any person may return 
to the water any fish not authorized to be taken by 
such device, or to remove fish from any pond or tank 
of any fish hatchery without authority as aforesaid. 
Any person or persons violating any of the provisions 
of this section, shall, on conviction thereof as pro- 
vided in section twenty-seven of this act, be subject 
to a fine of fifty dollars. 

Section 2.3. That whenever at least two hundred 
citizens, in any county, shall, in writing, certify to 
the Commissioner of Fisheries that any stream or 
waters in the said county is nearly depleted of fish, 
and has been restocked, and asking that it or they 
be closed to fishing for a period, the said commissioner 
shall forward to said petitioners and others n blank 
form, setting forth questions regarding the condition 
of said stream or waters, which forms must be filled 
out and returned to the Department of Fisheries; and 
if the answers on said forms are of such n character 
as to convince the Commissioner of Fisheries that the 



Certificate. 



Fine. 



Removal of 
fish from 
device. 



Violations. 
Fine. 



Depleted 
waters. 



154 



GAME, FISH AND FORESTRY LAWS 



Prohibition. 



Notice. 



Duty of 
officers. 

Destruction 
of illegal 
device. 



Charge and 
hearing. 



County to 
pay costs. 



Arrests on 
Sunday or 
holiday. 



petition should be granted, he is hereby authorized to 
prohibit all fishing in such streams or waters for a 
period of three years from the time of restocking: 
Provided, That said Commissioner of Fisheries shall 
first give public notice of such closing by posting such 
streams or waters with notices of such prohibition, 
and the period thereof, and publishing the same in 
two newspapers, published in the county where such 
stream or waters are located, for a period of three 
consecutive weeks, one time in each week. Any per- 
son catching and killing or fishing for any fish from 
any stream or waters closed under the provisions of 
this section, shall, on conviction thereof as provided 
in section twenty-seven of this act, be subject to a 
penalty of twenty dollars. 

Section 24. That any fish commissioner, fish war- 
den, deputy warden, sheriff, constable, or any special 
ofiicer, or any peace officer in this Commonwealth 
is hereby authorized and commanded to proceed, with 
such force of the county as may be necessary, to de- 
stroy any device for catching fish used contrary to 
or prohibited by law, in any of the waters within 
this Commonwealth ; and they are hereby authorized 
and commanded to arrest forthwith, and without war- 
rant, any person or persons owning, placing, or using 
such devices, or violating any of the provisions of this 
act; and they are further authorized and commanded 
to apprehend and arrest, and immediately take, any 
person or persons, who may be guilty of such viola- 
tion, before any justice of the peace, magistrate, or 
other legally constituted authority, and thereupon 
make charge of such violation of the law, or any pro- 
visions thereof; and the magistrate shall forthwith 
hear, and determine the charge, as provided in sec- 
tion twenty-eight of this act ; and in case of any fish 
commissioner, fish warden, or any other officer named 
above, fails to prove his case, and the defendant or 
defendants are discharged, or in case the defendant 
or defendants are convicted and are sent to jail in 
lieu of the payment of fine or fines, penalty or penal- 
ties, the county in which the case is heard shall pay 
the costs. Such arrest may be also made on Sunday, 
or on any holiday, in which case the person or persons 
so arrested shall be taken before the proper officer, 
and proceeded against on the first lawful day following 
the arrest. Any sheriff, deputy sheriff, constable, 
special officer, or other peace officer of this Common- 



GAME, FISH AND FORESTRY LAWS. 



wealth, who shall refuse or neglect to proceed with 
sufficient force of the county to forthwith remove nnd 
destroy any existing devices illegally used for the 
catching of fish within his jurisd'ctiou, after being no- 
tified in writing of the existence of such illegally used 
devices by the Commissioner of Fisheries ; or who shall 
refuse or neglect to remove and destroy any such ille- 
gal device for catching fish within this Commonwealth, 
of which he shall have cognizance, shall, on convic- 
tion thereof as provided in section twenty-seven of 
this act, be subject to a fine of fifty dollars, or be 
imprisoned in the county jail for a period of not less 
than three months nor more than six months. 

Section 25. Any person or persons who shall, by 
threat, menace, or force, or in any manner, attempt 
to deter or prevent any fish warden, or other person 
authorized to make arrests for violation of the fish 
laws, from enforcing or carrying into efi'ect any pro- 
vision of this act, or who shall resist arrest or the 
seizure of ktats or nets illegally used, shall, on con- 
viction thereof as provided in section twenty-seven of 
this act, be subject to a penalty of one hundred dol- 
lars, or, in default of payment of said fine, be com- 
mitted to the county jail for a period of one hundred 
days. 

Section 26. That in all cases of arrest made for 
the violation of any of the provisions of this act, 
the possession of the fishes or of the nets, or the 
possession of or operation of any other device herein 
prohibited, shall be prima facie evidence of the viola- 
tion of this act. 

Section 27. That any justice of the peace, alder- 
mftn or magistrate, upon information or complaint, 
made to him by affidavit of one or more person-,, 
charging any person or persons with having violated 
any of the provisions of this act, is hereby authorized 
and required to issue his warrant, under his hand 
and seal, directed to any constable, peace officer, or 
ward'^i, nnd cause such person or persons to be ar- 
rested and brought before such justice, filderman, or 
magistrate, who shall hear and determine the guilt or 
innocence of the person or persons so charged; and, 
if convicted upon such charge, shall be sentenced by 
said justice, alderman, or magistrate, severally, to 
pay the fine or fines, penalty or penalties, provided 
in this act for such violations, together with the costs 
of suit ; the whole of said fines shall be paid over forth- 



Refusal or 
neglect of 
officer. 



Conviction. 



Penalty. 



Interference 
with or 
resisting 
officer. 



Possession 
prima facie 
evidence. 



Authority of 
justices, 
aldermen, 
etc. 



Warrants. 

Hearing. 

Penalty. 



156 



GAME, FISH AND FORESTRY LAWS. 



Proviso. 



Imprison- 
ment. 



Appeal. 

Bail. 
ProTiso. 



Waters in- 
habited by 
trout. 



Decision. 



Fish 
wardens. 



Chief war- 
den. 



Duties. 



with to the treasurer of the county in which the prose- 
tion wns brought, and said county treasurer shall 
pay over the same forthwith to the Commissioner of 
Fisheries, for the benefit of the Commonwealth: Pro- 
vided, That in case the defendant or defendants shall 
neglect to pay, at once, the fine or fines so imposed, 
said defendant or defendants shall forthwith be sen- 
tenced to undergo imprisonment, in the county jail 
of the county where such conviction takes place, for 
a period of one day for each dollar of fine so imposed 
and unpaid, unless the defendant or defendants, upon 
conviction, shall give notice of intention to appeal, 
when such defendant or defendants shall be permitted 
to enter into good and sufficient recognizance to ap- 
pear before such justice, alderman, or magistrate, 
on or before the expiration of five days, if such 
appeal is not taken by them, or on the final deter- 
mination of such appeal if it be not sustained, for 
execution of sentence: Provided also. That all actions 
for any violation of any of the provisions of this act 
must be taken within the one year from the time the 
offense was committed ; and when necessary to prop- 
erly conduct any case before any alderman, justice of 
the peace, magistrate, or any court, the Commissioner 
of Fisheries is authorized to employ legal counsel. 

Section 28. That for the purpose of this act, any 
stream or water, or part thereof, Avithin this Com- 
monwealth, in which charr, or trout, are commonly 
fished for and caught, whether through the stocking 
of the stream, or whether native to such stream or 
water, or part thereof, shall be deemed water or 
streams inhabited by trout. In case of a conflict of 
statement (m this point, as to any stream or water, 
the matter shall be investigated by the Board of 
Fishery Commission, and its decision shall be final. 

Section 29. The Commissioner of Fisheries, by and 
with the advice and consent of the Board of Fishery 
Commission, shall have power and authority to ap- 
point thirty competent citizens of this Common- 
wealth as fish wardens. The said Commissioner of 
Fisheries shall, from time to time, by and with the 
advice and consent of the Board of Fishery Commis- 
sion, designate one of such wardens as chief warden, 
who shall I'emain as such during the iileasure of the 
Commissioner of Fisheries, and he shall perform such 
duties as he may bo assigned by the Commissioner of 
Fisheries. Said chief warden shall have the direction, 
control, and supcM-vision of other wardens, under the 



GAME, FISH AND FORESTRY LAWS. 



157 



direction of the Commissioner of Fisheries. Wardens 
so appointed shall hold office during the pleasure of 
the Commissioner of Fisheries, who may summarily 
remove any of their number, and appoint another com- 
petent citizen in his place, by and with the advice 
and consent of the board of Fishery Commission. 
The wardens shall enforce all of the laws of the 
Commonwealth, relating- to fish and fishing, and the 
provisions supplementary thereto ; and shall have 
power to execute all warrants and search warrants 
issued for the violation of the fish laws, and to serve 
subpoenas issued for the examination, investigation, 
or trial of all offenses against said laws ; and said 
wardens shall be permitted to carry and use arms 
in the performance of their duties. They shall have 
power, without warrants, to search and ex- 
amine any boat, conveyance, vehicle, fish box, 
basket, bag, coat, or other receptable for fish, when 
they have reason to believe that any of the provisions 
of any law relating to fish have been violated ; and 
said wardens shall seize and take possession of any 
and all fish which may have been caught, taken or 
killed at any time, in any manner or for any pur- 
pose, or had in posession or under control, or have 
been shipped or about to be shipped, contrary to any 
of the laws of this Commonwealth ; and such fish 
shall be disposed of according to the order of the 
Commissioner of Fisheries. Each warden shall keep 
a record of his official acts, receipts and expenditures; 
and at the close of each month make a summary of 
such record, with such information in detail as may 
be necessary for the information of or be required by 
the Department of Fisheries, and report the same 
to the chief warden. The chief warden shall report 
to the Commissioner of Fisheries any negligence or 
dereliction of duty or incompetency on the" part of 
any of the wardens, with the facts relating thereto; 
and he shall report monthly to the Commissioner of 
Fisheries his operations during the preceding month, 
and shall make such other reports as may be required 
of him by the Commissioner of Fisheries : and he 
shall mnke annually a report in writing, of the opera- 
tions of himself and subordinates during the year to 
the Board of Fishery Commission ; and all wardens 
when in the performance of their duties shall have 
the power of authority to enter upon any land or 
water, and they shall have the power to demand and 



iJemovals. 



Duties of 
wardens. 



Search, ex- 
amination, 
and seizure. 



Record. 



Report. 



Reports 

cliief 

warden. 



of 



Power and 
authority of 
wardens. 



158 



GAME, FISH AND FORESTRY LAWS, 



Compensa- 
tion. 



Special 
wardf^ns. 



Powers and 
duties. 



Bulletins, 



Sale or 
marketing 
of fish. 



Yearly 
statement. 



secure proper assistance in case of emergency. That 
each fish warden, except the chief warden, appointed 
in accordance with this section, shall receive as com- 
pensation for his services seventy-five dollars per 
mouth, and such allowance for expenses as may be 
deemed by the Board of Fishery Commission as just 
and reasonable; and the chief warden shall receive 
one hundred dollars per month, and such allowance 
for expenses as may be deemed by the Board of Fish- 
ery Commission as just and reasonable. 

Section 30. The Commissioner of Fisheries may on 
the Avritten application of a properly organized fish 
protective association, or of any association or in- 
dividual owning or leasing waters, appoint one or 
more special fish wardens for the county in which 
the application is made; and all such appointments 
shall expire on the thirty-first day of May of each 
pear: Provided also, That no special fish warden shall 
be entitled to any salary, or to any expenses or com- 
pensation from the Commonwealth, for his services, 
unless such special fish wardens should be detained 
for duty by the Commissioner of Fisheries, in which 
case the Commissioner of Fisheries is authorized to 
make a per diem allowance for compensation, and 
reasonable expenses, out of any appropriation which 
may be made for the payment of wardens. The said 
allowance being in place of any claim for any part 
or share of any fine or fines, penalty or penalties, im- 
posed or paid under the provisions of this act. The 
special fish wardens, so appointed, shall be clothed 
with the same power as the regular salaried wardens, 
and shall make report of the performance of their 
duties in the same manner . 

Section 31. That the Commissioner of Fisheries, 
by and with the authority of the Board of Fishery 
Commission, shall have the right to issue bulletins 
relating to fish culture and fish protection, as in 
their judgment may be deemed for the best in- 
terests for the work of the Department of Fisheries, 
and he shall make report annually to the Governor of 
the operation of the Department. 

Section 32. That persons engaged in catching fish 
for the market, or who may be engaged in the sale 
of fish, shall, on demand of the Commissioner of 
Fisheries, furnish at the close of each year a tabulated 
statement of their sales of fish and the gross amount 
of money re>*lized ; the said figures to be used by th« 



GAME, FISH AND FORESTRY LAWS 



159 



Department of Fisheries entirely for statistical pur- 
poses, and no individual statement received by the 
Department of Fisheries shall be made public without 
the vi^ritten consent of the owner. Any person who shall 
refuse to furnish sucb information, shall on conbiction 
thereof as provided in section twenty-seven of this 
act, be subject to a penalty of ten dollars for each and 
every offense. 

Section 33. That all boats, and all nets of legal- 
sized mesh, used unlawfully and forfeited to the 
Department of Fisheries under any provisions of 
this act, shall be sold by the Commissioner of Fish- 
eries, and the moneys received from such sale or sales 
be paid by him into the State Treasury, for the use 
of the Commonwealth. All unlawful nets or devices, 
not preserved for exhibition purposes by the Depart- 
ment of Fisheries, shall be destroyed by the order of 
the Commissioner of Fisheries. Record shall be 
made of all such sales or destruction, on the books 
of the Department. 

Section 34. The following acts and parts of acts 
of Assembly are intended to be supplied by this 
act, and the same are hereby repealed: — 

1. "An act to amend and consolidate the several 
acts relating to game and fish," approved the third 
day of June Anno Domini one thousand eight hun- 
dred and seventy-eight. 

2. A supplement to "An act to amend and con- 
solidate the several acts relating to game and game 
fish," approved the third day of June, Anno Domini 
one thousand eight hundred and seventy-eight, chang- 
ing the time for hunting and killing deer, squirrels, 
rabbits, wild turkeys, pheasants, prairie chckens, 
approved the tenth day of June, Anno Domini one 
thousand eight hundred and eighty-one ; each and all 
the several sections thereof so far as they relate to 
fish. 

3. "An act for the protection of salmon, black 
bass, and other food fishes, newly introduced into 
the rivers Delaware and Susquehanna and their tribu- 
taries, for the protection of these classes, also, 
against unlawful fishing, and to prohibit the intro- 
duction of predatory fishes into trout streams, and 
for other germane purposes," approved the twenty- 
fourth day of May, Anno Domini one thousand eight 
hundred and seventy-one. 

4. "An act to provide for the appointment of a 



Refusal. 
Penalty. 



Seized boats 
and nets. 



Sale. 

Unlawful 
nets and 
devices. 



Acts repeal- 
ed so far as 
they relate 
to fish. 

Act of June 
3, 1878. 



Act of June 

10. 1881. 



Act of May 
24, 1871. 



160 



GAME, FISH AND FORESTRY LAWS. 



Act of April 
28. 1873. 



Act of Mav 

14, 18(4. 



Act of June 
11, 1879. 



Act of June 
11. 1S85. 



Act of May 
22, 1889. 



Act of April 
15, 1S91. 



Act of April 
15, 1891. 



Act of June 

25, 1895. 



Act of June 
25, 1895. 



Board of Fish Commissioners, for construction of 
fishways, and for the propagation and protection of 
fish, and appropriating money for the same,'' approved 
the twenty-eighth day of April, Anno Domini one 
thousand eight hundred and seventy-three. 

5. "An act regulating the appointment and pay 
of fish wardens, or water bailiffs," approved the 
fourteenth day of May, Anno Domini one thousand 
eight hundred and seventy-four. 

6. "An act to provide for the propagation and pro- 
tection of fish, and appropriating money therefor," ap- 
proved the eleventh day of June, Anno Domini one 
thousand eight hundred and seventy-nine. 

7. "An act to prevent the catching, killing, exposing 
for sale, or having in posession of speckled trout, ex- 
cept from the fifteenth day of April to the fifteenth 
day of July," approved the eleventh day of June, 
Anno Domini one thousand eight hundred and eighty- 
five. 

8. "An act for the protection of shad and game 
fish in the State of Pennsylvania," approved the 
twenty-second day of May, Anno Domini one thou- 
sand eight hundred and eighty-nine; so much thereof 
as relates to fish and fishing in the waters within 
the Commonwealth. 

9. "An act to provide for the appointment and 
increase the efficiency of the Commissioner of Fish- 
eries of this Commonwealth," approved the fifteenth 
day of April, Anno Domini one thousand eight hun- 
dred and ninety-one. 

10. "An act to amend an act, entitled 'An act 
for the protection of shad and game fish in the State 
of Pennsylvania, approved the twenty-second day of 
May, Anno Domini one thousand eight hundred and 
eighty-nine,' extending the time in which pike and 
pickerel may be caught," approved the fifteenth day of 
April, Anno Domini one thousand eight hundred and 
ninety-one. 

11. "An act to permit the use of eel pots in the 
rivers and waters of the Commonwealth, other than 
trout streams," approved the twenty-fifth day of 
June, Anno Domini one thousand eight hundred and 
ninety-five. 

12. "An act to prevent the placing in the waters 
of Pennsylvania of any torpedo, giant powder, nitro- 
glycerine, dynamite, electricity, lime, or any poisonous 
or explosive substances of any kind, for the purpose 



GAME, FISH AND FORESTRY LAWS, 



161 



of catchinjc or taking fish ; providing for a penalty for 
the violation thereof," approved the twenty fifth day 
of June, Anno Domini one thousand eight hundred and 
ninety-five. 

13. "An act to declare the species of fish which 
are game fish, and the species of fish which are com- 
mercially valuable for food, and to regulate the catch- 
ing and encouraging the pi-opagation of the same ; to 
define the public waters within the State ; to protect 
the waters within the State from improper and waste- 
ful fishing; to provide for the appointment of fish 
commissioners and fish wardens, and to declare their 
oflicial powers and duties ; to encourage and regulate 
the artificial propagation of game and food fish by 
said State Fish Commissioners; to regulate the dis- 
tribution of the same in the waters of the Comraon- 
welath ; to provide penalties and punishments for the 
violation of the provisions of this act," approved the 
twenty-ninth day of May, Anno Domini one thousand 
nine hundred and one. 

14. "An act permitting the taking of carp, suckers, 
anid mullets, by means of seine nets from the waters 
of this Commonwealth, upon certain conditions," ap- 
proved the twenty sixth day of April Anno Domini one 
thovisand nine hundred and five. 

15. "An act to amend an act approved iSIay twenty- 
ninth. Anno Domini one thousand nine hundred and 
one, entitled 'An act to declare the species of fish 
which are game fish, and the species of fish which are 
commercially valuable for food, and to regulate the 
catching and encourage the propagation of the same; 
to define the public waters within the State; to pro- 
tect the waters within the State from improper and 
wasteful fishing; to provide for the appointment 
of fish commissi<iners and fish wardens, and to declare 
their official powers and duties ; to encourage and regu- 
late the artificial propagation of game and food fish 
by said State Fish Commissioners; to regulate the 
distribution of the same in the waters of the Com- 
monwealth ; to provide penalties and punishments for 
the violation of the provisions of this act' by prescrib- 
ing the number of tip ups to be used and the amount 
of fish to be taken in any one day and by any one 
man," approved the fourteenth day of March, Anno 
Domini one thousand nine hundred and seven. 

16. "An act to regulate the taking of carp, suck- 
ers, mullets, and ells, in the waters of the Common 

11 



Act of May 

I'lJ. 1001. 



Act of April 

2G, 1905. 



Act of 

March 14, 
1907. 



Act of May 

1. 1907. 



GAME. FISH AND FORESTRY LAWS. 



Act of May 

29, 1907. 



Repeal. 



wealth, by means of gigs or spears; prohibiting the 
taking of all other fish by such means, and providing 
penalties for the violation of this act," approved the 
first d.-ty of May, Anno Domini one thousand nine 
hundred and seven. 

17. "An act authorizing the taking of suckers, cat- 
fish, carp and eels, in the waters of this Common- 
wealth, through the use of fish baskets, and prescrib- 
ing penalti<'S for violation of its provisions," approved 
the twenty-ninth day of May Anno Domini one thou- 
sand nine hundred and seven. 

And, in addition to the above, all acts or parts of 
acts inconsistent with the provisions of this act, are 
herebv repealed. 

Approved— The 1st day of May, A. D. 1909. 
EDWIN S. STUART. 



AN ACT 



1909, May 1, 
P. L. 309. 



Whereas. 



To encourage the propagation of fish, and to regu- 
late the catching, taking, and destruction of fish, in 
the Delaware River below Trenton Falls, within 
the jurisdiction respectively of the Commonwealth 
of Pennsylvania and of the State of New Jersey; 
and providing penalties for violation of its provi- 
sions, and to repeal acts inconsistent therewith. 

Whereas, By virtue of a joint resolution of the 
Commonwealth of Pennsylvania, approved the eighth 
day of May, Anno Domini nineteen hundred and 
seven, entitled "A joint resolution providing for the 
creation of a commission to co-operate with the au- 
thorities of the States of New Jersey, New York, and 
Delaware in regard to the propagation, protection, 
and catching of sturgeon, shad, bass, perch, and 
other fish in the Delaware River; the adoption of con- 
current laws relevant thereto by such States; and to 
co-operate with the authorities of the State of Mary- 
land in regard to fish and fishing in the Susquehanna 
River, and the adoption of concurrent laws relevant 
thereto by such States : and to inquire in relation to 
the pollution of the waters of said rivers, and recom- 
mend legislation regulating and controlling the same; 
and making an appropriation for those purposes," the 



GAME, FISH AND FORESTRY LAWS. 



following were appointed Commissioners on the part 
of the Commonwealth of Pennsylvania ; From the 
Senate, Frederick A. Godcharles, Webster Grim, and 
Algernon B. Roberts; from the House of Representa- 
tives, Hiram J. Sedwick, Alfred Marvin, and Joseph 
N. Hunter; ])y (lovernor Edwin S. Stuart, Henry F. 
Walton ; and by the terms of the joint resolutoin, the 
Commissioner of Fisheries, W. P]. Meehan, and 
Frank B. jNIcClain, Speaker of the House; and 

Whereas, By a joint resolution passed by the Tjegis- 
lature of the State of New Jersey, approved March 
twenty-fifth. Anno Domini one thousand nine hun- 
dred and ei^ht, entitled "Joint Resolution providing 
for the crention of a Commission to co-operate with 
the authorities of the States of Pennsylvania and New 
York in regard to the propagation, protection, and 
catching of fish in the Delaware River; and to in- 
quire into any cause of pollution of the waters of said 
river; and to recommend legislation in regard to such 
propagation, protection, and catching of fish in the 
Delaware River, and to obviate the pollution thereof," 
the following were appointed to represent the State 
of New Jersey: From the Senate, Edmund W. Wake- 
lee and Joseph S. Frelinghuysen ; from the Assembly, 
Austin Colgate, Oliver C. Holcombe, and Henry D. 
Thompson ; by the Governor, John Franklin Fort, 
Doctor Henry Van Dyke; and by the terms of the 
resolution. President of the Fish and Game Commis- 
sion, B. C. Kuser, President of tlie Senate, Thomas 
J. Hillery, and Frank B. Jess, Speaker of the House 
of Assembly ; and 

Whereas, The commissions of the said Common- 
wealth of Pensylvania and the State of New Jersey 
have been duly organized as provided and required 
by law ; and 

Whereas The snid Commissioners of the said Com- 
monwealth of Pennsylvania and of the said State of 
New Jersey, in joint meeting held for that purpose, 
have agreed upon uniform laws to provide an act 
providing uniform laws to encourage the propagation 
of fish, and to regulate the catching, taking, and 
destruction of fish in the Delaware River below Tren- 
ton Falls, within the concurrent jurisdiction of the 
Commonwealth of Pennsylvania and the State of New 
Jersey, and providing penalties for violation of its 
provisions; therefore, — 

Section 1. Be it enacted, &c., That th? provisicaa 



Whereas. 



Whereas. 



Whereas. 



164 



GAME, FISH AND FORESTRY LAWS. 



Delaware 
River below 
Trenton 
Falls. 



Eight of 
fishery. 



Game fish. 



Food fish. 

Lawful 
manner of 
fishing for 
game fish. 



Lawful 
manner of 
fishing for 
bait fish. 



of this act shall affect and apply only to the propa- 
gation, catching, taking, and protection and destruc- 
tion, of fish in the water* of the Dehiware River be- 
low Trenton Falls, lying between the Commonwealth 
of Pennsylvania and the State of New Jersey. 

Section 2. The inhabitants of the Commonwealth 
of Pennsylvania and of the State of New Jersey shall 
have and enjoy a common right of fishery throughout, 
in, and over the waters of said river, between low- 
water mark on each side of said river; between said 
States, below Trenton Falls, except so far as either 
State may have heretofore granted valid and sub- 
sisting private right of fishery. 

Section 3. For the purposes of this act, the fol- 
lowing fish shall be designated as game fish to wit. 
Black bass, or small-mouth bass; large-mouth bass, 
otherwise called Oswego, or yellow bass; strawberry 
or calico bass; rock bass, otherwise known as red-eye 
or goggle-eye; white bass, crappie ; pike-perch, other- 
wise called wall-eyed pike; pike, or Susquehanna sal- 
mon; pike, pickerel, white perch, yellow perch; 
charr, commonly called brook or spreckled trout; or 
any form of trout. The following shall be called bait 
fish; to wit, all species of minnows, killifishes, and 
stone catfish. All other species or varieties of fish, 
whatsoever, shall be termed food fish. 

Section 4. It shall be unlawful to catch or fish for 
any game fish, in any part of the Delaware River 
below Trenton Falls, with any device, or by any 
means or method whatsoever, excepting with rods 
and lines or hand-lines, commonly called dipsey or 
throw lines, each having not more than three hooks; 
or with trolling lines, with spoon or artificial bait, 
having not more than one burr of three sinde hooks 
attached ; the number of rods and lines, or the num- 
ber of trolling lines, not to exceed two of one or the 
other device named, and said lines must be under the 
direct and immediate supervision of the custodian 
thereof. Any person violating any provisions of this 
section shall, on conviction thereof, be subject to a 
fine of twenty dollars. 

Section 5. It shall be unlawful to fish for bait 
fish, in the Delaware River below Trenton Falls, ex- 
cept with the following devices: to wit, rods and lines 
and hand lines with not more than three hooks, at- 
tached; a minnow seine, not more than one hundred 
feet in length ; a dip net, not more than five feet 



GAME, FISH AND FORESTRY LAWS, 



165 



square; a minnow trap, the opening of which shall 
not be more than one and one-quarter inches in di- 
ameter; a scoop net, with a single handle, and with 
a diameter of net of not more than two feet. Any 
person who uses any other device, method, or means 
for catching bait fish, or of a greater length or di- 
ameter of nets specified in this section, shall on con- 
viction thereof, be subject to a fine of twenty dollars. 

Section 6. It shall be unlawful to fish for food 
fish, in the Delaware River below Trenton Falls, 
with any device, method, or means, excepting 
by the following devices, and under regulations 
and restrictions hereinafter described ; to wit, a seine, 
a gill net; an eel pot, a fyke net, each without 
wings; a paraHel net, or net set at the edge of low 
water; and rods and lines, or hand-lines, other 
wise known as dipsey or throw-lines, each having not 
more than three hooks. Any person who shall use 
or employ any method or device for catching food 
fish, other than those named in this section, or shall 
use or employ any device named to this section con- 
trary to the regulations or restrictions hereinafter 
mentioned, shall be subject to a fine of twenty dollars. 

Section 7. As amended by the act of June 3, 1911, 
P. L. 629. 

Section 7. It shall be unlawful for any person 
to catch and take, or attempt to catch and take, 
sturgeon from the Delaware River below Trenton 
Falls, with any device excepting a seine or gill net, 
the meshes of which shall not be less than thirteen 
inches stretched measure while being fished ; or to 
catch and take, or attempt to catch and take, any 
other food fish from said waters, with a seine the 
meshes of which shall be less than two and one-half 
inches stretched measure while being fished, or any 
gill net the meshes of which shall be less than five 
and one-quarter inches stretched measure while being 
fished: Provided, That gill nets, with a mesh not 
smaller than three inches, may be used from March 
first to June tenth, in each year, for the purpose of 
taking herring only. It shall also be unlawful for 
any person to catch and take, or attempt to catch 
and take, any food fish, except sturgeon, by menus of 
a seine or gill net, between the tenth day (^f June, 
in each and every year, and the first day of JNIarch 
next ensuing. Any person who shall violate any 
of the provisions of this section shall, on conviction 



Fine. 



Lawful 
manner of 
fi.'^bing for 
food fish. 



Fine. 



Sturgeon. 



Seine or 
nets. 



Other food 
fish. 



Close 



166 



GAME, FISH AND FORESTRY LAWts 



Fine and 
forfeiture 



Anchored 
net pro- 
hibited. 



I.awful de- 
vices. 



Tributaries. 



Fine and 
forfeiture. 



Sunday fish- 
ing with 
nets, pro- 
hibited. 



Open season, 
for same 
flsh. 



thereof, be subject to a fine of one hundred dollars, 
together with a forfeiture of all nets, boats, and 
appliances used. A similar act was passed by New 
Jersey and signed by the Governor, April 15, 1911. 

Section 8. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, fish 
of any kind from the Delaware River below Trenton 
Falls, with a net of any character which is anchored 
or staked or fastened down in any measure. Nor shall 
any net of any kind or character, excepting a drifting 
gill net, an eel net, a fyke net, each without wings, 
or a parallel net for the capture of carp only, be 
used for the purpose of catching and taking fish in said 
waters, within one-quarter of a mile above or below 
the mouth of any river, creek, or stream emptying 
into said Delaware River below Trenton River. Any 
liei-son who shall violate any of the provisions of this 
section shall, on conviction thereof, be subject to a 
fine vi twenty dollars, with the forfeiture of nets, 
boats, and other appliances used. 

Section 9. As amended by the act of May 11, 1911, 
P. L. 629. 

Section 9. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, fish of 
any kind or description from the Delaware River 
below Trenton Falls, by means of a net, or to use 
a net of any character in the waters aforesaid, be- 
tween Saturday at two posr meridian, and twelve 
o'clock, midnight, Sunday night, in each week. Any 
person violating any of the provisions of this sec- 
tion shall, on conviction thereof, be subject to a 
fine of one hundred dollars, together with a forfeiture 
of all nets, boats, and other appliauces used. 

This act shall take effect immediately, but shall 
not be considered as valid or operative until a similar 
act has been enacted by the State of New Jersey. A 
similar act was passed by New Jersej^ March 21, 1911. 

Section 10. It shall be lawful to catch food fish, 
with rods and lines and hand-lines and trolling-lines, 
as described in section four of this act, at any time 
in the year, in the Deaware River below Trenton 
Falls ; but it shall be unlawful to fish for and take 
game fish, excepting from the fifteenth day of June 
to the first day of December, inclusive, in each year. 
Any person violating any of the provisions of this 
section shall, on conviction thereof, be subject to a 
fine of ten dollars for each and every fish so taken 



GAME, FISH AND FORESTRY LAWS. 



167 



Section 11. It shall be unlawful to use eel pots 
and fyke nets, each without wiugs, in the Delaware 
River below Trenton Falls, from June first to July 
thirty-first in each year, both dates inclusive; but it 
shall' be lav^'ful to use eel pots and fyke nets, each 
without wings, from July first to May thirty-first, 
both dates inclusive, in each year, for the purposes 
of catching carp, catfish, eels and suckers only. All 
other species of fish which may be cnusht in said nets 
must be returned unharmed immediately to the waters 
from which taken: Provided, That the entrance of 
said eel pot and fyke net shall not be more than six 
inches in diameter, and the outside diameter not 
more than thirty inches. Any perscm violating any 
of the provisions of this section shall, on conviction 
thereof, be subject to a fine of twenty dollars, to- 
gether with a forfeiture of all nets, boats, and other 
appliances used. 

Section 12. As amended by the act of June 3, 1911, 
P. I.. 629. 

Section 12. It shall be unlawful to use a parallel 
net, otherwise a net set approximately parallel with 
the shore, in the Delaware River and Bay, laying 
between the States of New Jersey and Pennsylvania, 
below Trenton Falls, and at low-water mark, between 
the first day of June and the thirty-first day of 
August, in each year ; and it shall be lawful to use such 
parallel net from the first day of September to the 
thirty-first day of May, inclusive, next ensuing, in 
each year, for the purpose of taking carp only: Pro- 
vided, That the meshes of said net be not less than 
three and onp-half inches stretched measure when 
being fished: Provided, That seines not smaller than 
two and one-half inch mesh may be used from Sep- 
tember first to May thirty-first, of each year, for 
the purpose of taking carp and suckers only: And 
provided further, That no such net shall be set in 
such manner as to impede navigation. All other fish 
than carp and suckers must be returned unharmed to 
the water beyond low-water mark. Any person vio- 
lating any of the provisions of this section shall, on 
conviction thereof, be subject to a fine of one hun- 
dred dollars, together with a forfeiture of all nets, 
and other appliances used. 

This act shall take effect immediately ,but shall 
not be considered as valid or operative until a similar 
act has been enacted by the State of New Jersey. A 



Eel pots and 
fyke nets. 



Close 



Open season 
for carp, 
catfish, eels 
and suckers. 



Fine and 
forfeiture. 



Parallel net. 



Close 
season. 



Carp only. 
Proviso. 



Proviso. 



Fine and 
forfeiture. 



168 



GAME, FISH AND FORESTRY LAWS. 



Length and 
weight of 
flsh that 
may be 
taken 



Fishing au- 
thorities. 



Boats, 

anchors, and 
dredges. 



Unlawful 
use of. 



Explosives 
or poisons. 



similnr act was passed by the State of New Jersey, 
March 21, 1911. 

Section 13. It shall be unlawful for any person to 
catch and take, or to attempt to catch and take, 
from the Delaware River below Trenton Falls, in 
any manner whatsoever, any striped bass, other- 
wise known as rock fish, weighing more than twenty 
pounds, or measuring less than ton inches in length; 
or any sturgeon, less than five feet in length; or 
any bhick bass, or any small-mouth bass, large- 
mouth bass, otherwise known as Oswego or yellow 
bass, less than nine inches in length ; or any pike 
or pickerel, or any pike-perch, otherwise known as 
wall-eyed pike or Susquehanna salmon, less than 
twelve inches in length ; or any calico or srtawberry 
bass, crappie, white bass, rock bass, otherwise known 
as red-eye or goggle-eye, or trout, or charr, less 
than six inches in length. Any fish of a less length 
than those described, or any striped bass, commonly 
called rock fish, weighing more than twenty pounds, 
which may be caught must be return(>d immediately to 
the water: Provided, That nothing in this section 
shall be so construed as to prevent the fishery au- 
thorities of the Commonwealth of Pennsylvania or of 
the State of New Jersey capturing fish of any size, 
from said waters, or at any time of the year, or in 
any manner, for propogatiou purposes and for stock- 
ing other waters in their respective States, through 
their representatives. Any person who shall violate 
any of the provisions of this section shall , on con- 
viction thereof, be subject to a fine of ten dollars for 
each and every fish so caught and had in possession. 

Section 14. It shall be unlawful for any person, 
by boat, anchor, dredge, or otherwise, in the Dela- 
ware River below Trenton P"'alls, to wilfully, and 
without reasonable cause, interfere with, break, 
damage, or destroy any drifting gill net or hauling 
seine, or nets of any description, being lawfully used; 
and it shall be unlawful for any person to drift a gill 
net over the waters of a shore fishery whilf> the haul- 
ing seine is being used. Any person violating any of 
the provisions of this section shall on conviction 
thereof, be subject to a fine of twenty dollars. 

Section 15. It shall be unlawful for any person to 
put or place in the DelaAvare River bolow Trenton 
Falls any explosive or poisonous substances what- 
soever, or any drug, or any poison bait, for the pur- 



GAME, FISH AND FORESTRY LAWS. 



pose of catching, taking, killing, or injuring the fish; 
or to allow any dye-stuff, coal or gus tar, coal oil, 
sawdust, tan-bark, cocculus indicus (otherwise known 
as fish berries), lime, vitriol, or any of the com- 
pounds thereof, refuse from gas-houses, oil-tanks or 
vessels, or any deletrious destructive, or poisonous 
substances of any kind or character, to be turned into, 
or allowed to run, flow, wash, or be emptied into, 
any of the waters aforesaid, unless it is shown that 
every practicable means have been used to prevent the 
pollution of waters in question by the escape of dele- 
terious substances. In case of the pollution of waters 
by substances known to be injurious to fishes or to 
fish food, it shall not be necessary to prove that such 
substances have actually caused the death of any 
particular fish. Any person violating any of the 
provisions of this section shall on conviction thereof, 
be subject to a fine of two hundred dollars. 

Section 16. It shall be unlawful to purchase, sell, 
or offer for sale, or have in possession, any fresh 
dead game fish or food fish, except during the law- 
ful period for catching the same, and the space of 
six days after such period has expired. Any per- 
son violating any of the provisions of this section 
shall, on conviction thereof, be subject to a fine of 
ten dollars for each fish. 

Section 17. The Commonwealth of Pennsylvania and 
the State of New Jersey shall have concurrent juris- 
diction over all offenses and violations of this act, 
committed or attempted to be committed by any per- 
son or persons fishing in the Delaware River below 
Trenton Falls, within the jurisdiction respectively 
of the said Commonwealth of Pennsylvania and the 
State of New Jersey. Any fish warden, or any per- 
son in either State authorized to make arrests for 
violations of the fish laws shall have power and au- 
thority to make arrests in any part of the river, or 
shores thereof, and take such person or persons for 
trial to the State in which the offense was committed, 
and proceed against the offender according to the 
legal procedure for violation of the fish laws of said 
State. If the arrest be made upon the shores of the 
said Delaware River, within this Commonwealth, the 
said person or persons shall be taken before any jus- 
tice of the peace, alderman, magistrate, or other 
legally constituted authority in the county in which 
the arrest was made, and thereupon make charge of 



Deleterious 
or destruc- 
tive sub- 
stances. 



Pollution 
of waters. 



Fine. 



Unlawful, 
sale, offer, 
or posses- 
sion. 



Fine. 



Concurrent 
jurisdiction. 



Charge. 



170 



GAME, FISH AND FORESTRY LAWS. 



Proviso. 



Appeal. 



Bail. 



ProTiso. 



Interference 
with officers. 



such violation of the law, or any provision thereof; 
and the justice of the peace, alderman, or other 
lejrally constituted authority, shall forthwith hear 
and determine the guilt or innocence of the person 
or persons so charged, and, if couvicted upon such 
charge, shall be sentenced by said justice, alderman, 
or magistrate, severally, to pay the fine or fines, 
penalty or penalties, provided in this act for such 
violations, together with the costs of suit; said fines 
to be paid over forthwith to the treasurer of the 
county in which the prosecution was brought, and 
said county treasurer to pay over the sum forthwith 
to the Commissioner of Fisheries for the benefit of the 
Commonwealth: Provided, That in case the defen- 
dant or defendants shall neglect to pay, at once, the 
fine or fines so imposed, said defendant or defendants 
shall forthwith be sentenced to undergo imprisonment, 
in the county jail of the county where such convic- 
tion takes place, for a period of one day for each dol- 
lar of fine so imposed and unpaid, unless the de- 
fendant or defendants, upon conviction, shall give 
notice of intention to appeal, when such defendant or 
defendants shall be permitted to enter into good and 
suiScient recognizance to appear before such justice, 
alderman, or magistrate, on or before the expiration 
of five days, if such appeal is not taken by them, or 
on the final determination of such appeal if it be not 
sustained, for execution of sentence: Provided also. 
That all actions for any violation of any of the pro- 
Visions of this act must be taken within one year from 
the time the offense was committed. In case any 
fish warden, or any person authorized to make ar- 
rests for violation of the fish laws, fails to prove his 
case, and the defendant or defendants are discharged 
or in case the defendant or defendants are convicted, 
and sent to jail, in lieu of the payment of fine or fines, 
penalty or penalties, the county in which the case is 
heard shall pay the costs. Such arrests shall also be 
made on Sunday, in which case the person or persons 
shall be taken before the proper oflicer and proceeded 
against on a week day following the arrest. 

Section 18. Any person or persons who shall by 
threat, menace, or force, or in any manner, at- 
tempt to deter or prevent any fish warden, or other 
person authorized to make arrests for violation of 
the fish laws, in either State from enforcing or carry- 
ing into effect any provision of this act, or who shall 



GAME, FISH AND FORESTRY LAWS. 



171 



resist arrest, or the seizure of boats or nets illegally 
used, shall, on conviction thereof, be subject to a 
fine of one hundred dollars. 

Section 19. The following acts and parts of acts 
are intended to be supplied by this act, and the 
same are hereby repealed ; also, all acts or parts 
of acts inconsistent with this act, be and the same 
are hereby repealed. 

1. An act for the protection of shad, sturgeon, 
and game fish in the river Delaware , approved May 
twenty-second, eighteen hundred and eighty-nine. 

2. An act for the protection of shad and game 
fish in the State of Pennsylvania, approved May 
twenty-second, eivhteen hundred and eiphty-nine or 
S3 much thereof as relates to the Delaware River be- 
low Trenton Falls. 

3. An act for the protection of Penobscot salmon 
planted in the river Delaware, and providing pen- 
alties for the enforcement thereof, approved Slay 
twelfth, nineteen hundred and one. 

4. An act for the protection of sturgeon, approved 
June twenty-fifth, eighteen hundred and ninety-five. 

Section 20. This act shall take effect immediately; 
but no section, proviso, or part of this act shall be 
considered as valid and operative until a similar act 
has been enacted by the State of New Jersey: Pro- 
vided, That when the said State of New Jersey has 
enacted a similar act, the provisions of this act re- 
lating to the size of the meshes of nets shall not be- 
come operative until June second, nineteen hundred 
and nine. 

Approved— The 8th day of May, A. D. 1909. 
EDWIN S. STUART 

An act similar to the foregoing was passed by the 
Legislature of New Jersey and signed by the Governor 
of that State on April 1st, 1909. 

An act similar to the amended sections 9 and 12 
of this act was passed by the Legislature of New 
Jersey and signed by the Governor upon the 21st day 
of March. 

And an act similar to amended section 7 of this 
act was passed by the Legislature of New Jersey and 
signed by the Governor upon the 15th day of April, 
1911. 

So that this act is binding in every particular 
upon the citizens of Pennsylvania. 



Fine. 



Repeals. 



Act of May 

22, 1889. 

Act of May 

22, 1889, 
part of. 



Act of May 

12, 1901. 



Act of Jun» 

25, 1895. 



When act 
shall go 
into effect. 



172 



GAME, FISH AND FORESTRY LAWS 



1909, May 8, 
P. L. 480. 



Whereas. 



Whereas. 



AN ACT 

To encourage the propogation of fish, and to regu- 
late the catching, taking, and destruction of fish, in 
the Delaware River above Trenton Falls, within 
the jurisdiction respectively of the Commonwealth 
of Pennsylvania and of the State of New Jersey ; 
and providing penalties for violation of its provi- 
sions, and to repeal acts inconsistent therewith. 

Whereas, By virtue of a joint resolution of the 
Commonwealth of Pennsylvania, approved the eighth 
day of ^lay, Anno Domini one thousand nine hun- 
dred and seven, entitled "A joint resolution providing 
for the creati( n of a commission to co-operative with 
the authorities .f the States of New Jersey, New 
York, and Deijiwa->- in regard to the propagation, 
protection, and catching of sturgeon, shad, bass, 
perch, and other fish in ;he Delaware River; the 
adoption of concurrent laws relevant thereto by such 
States ; and to co-operate with the authorities of the 
State of Maryland in regard to fish and fishing in the 
Susquohnuna River, and the adoption of concurrent 
laws relevant thereto by such States ; and to inquire 
in relation to the pollution of the waters of said rivers, 
and recommend legislation regulating and controlling 
the same; and making an appropriation for those pur- 
poses," the following were appointed C(-)mmissioners 
on the part of the Commonwealth of Pennsylvania: 
From the Senate, Frederick A. Godcharles, Webster 
Grim, and Algernon B. Roberts; from the House of 
Representatives, Hiram J. Sedwick, Alfred Marvin, 
and Joseph N. Hunter; by Governor Edwin S. 
Stuart, Henry F. Walton; and by the terms of the 
joint resolution, the Commissioner of Fisheries, W. 
E. Meehan, and Frank B. McClain, Speaker of the 
Hoiise ; and 

Whereas, By a joint resolution passed by the 
Legislature of the State of New Jersey, approved 
March twenty-five. Anno Domini one thousand nine 
hundred and eight, entitled "Joint resolution pro- 
viding for the creation of a commission to co-(>perate 
with the authorities of the States of Pennsylvania and 
New York in regard to the propagation, protection, 
and catching of fish in the Delaware River ; and to 



GAME, FISH AND FORESTRY LAWS, 



173 



inquire into any causes of pollution of the waters of 
said said river; and to recommend legislation in regard 
to such propagation, protection, and catching of 
fish in the Delaware River, and to obviate the pollu- 
tion thereof," the following were appointed to rep- 
resent the Stnte of New Jersey: From the Senate, 
Edmund W. Wakelee and Joseph S. Frelinghuysen ; 
from the Assembly, Austin Colgate, Oliver C. Hol- 
combe, and Henry D. Thompson; by the Governor, 
John Franklin Fort, Doctor Henry Van Dyke; and 
by the terms of the resolution. President of the Fish 
and Game Commission, B. C. Kuser, President of 
the Senate, Thf)mas J. Hillery, and Frank B. Jess, 
Speaker of the House of Assembly ; and 

Whereas, The Commissions of the said Common- 
wealth of Pejinsylvania and the State of New Jersey 
have been duly organized, as provided and required by 
law ; and 

Whereas, The said Commissioners of the said 
Commonwealth of Pennsylvania and the said State 
of New Jersey, in joint meeting held for that pur- 
p('Se, have agreed upon uniform laws to provide an 
act providing uniform laws to encourage the propa- 
gation of fish, and to regulate the catching, taking, 
and destruction of fish, in the Delaware River above 
Trenton Falls, within the concurrent jurisdiction of 
the Commonwealth of Pennsylvania and the State of 
New Jersey, and providing penalties for violations of 
its provisions; therefore, — 

Section 1. Be it enacted, &c.. That the provisions 
of this act shall effect and apply only to the pro- 
pagation, catching, taking, and protection and de- 
struction, of fish in the waters of the Delaware 
River above Trenton Falls, lying between the Com- 
monwealth of Pennsylvania and the State of New 
Jersey . 

Section 2. The inhabitants of the Commonwealth 
of Peunsylvnnia and of the State of New Jersey shall 
have and enjoy a common right of fishery throughout, 
in, and over the waters of said river, between low- 
water mark on each side of said river, between said 
States, above Trenton Falls, except so far as either 
State may have heretofore granted valid and subsist- 
ing private right of fishery. 

Section 3. For the purpose of this act, the follow- 
ing fish shall be designated as game fish, to wit. 
Black bass, or small-mouth bass; large-mouth bass. 



Whereas- 



Whereas. 



Delaware 
River above 
Trenton 
Falls. 



Right of 
fishery. 



Game fish. 



174 



GAME, FISH AND FORESTRY LAWS. 



Bait fish. 
Food fish. 



Lawful 
manner of 
fiBbing for 
came fish. 



Fine. 



Lawful 
manner of 
flshinf for 
bait fish. 



Fine. 



Lawful 
manner of 
flshlns for 
food fish. 



Otherwise called Oswego, or yellow bass; strawberry, 
or calico bass; rock bass; otherwise known as red-eye 
or gogele-eye ; white bass, crappie; pike-perch, other- 
wise called wall-eyed pike, Susquehanna salmon ; pike, 
pickerel, white nerch, yellow perch; chnrr, commonly 
called brook or speckled trout; or any form of trout. 
The following shall be designated as bait fish: to wit, 
All species of minnows, killifishes, and stone cat- 
fish. AH other species or varieties of fish, whatsoever, 
shall be designated as food fish. 

Section 4. It shall be unlawful to catch or fish 
for any game fish, in any part of the Delaware 
River above Trenton Falls, with any device, or by 
any means or method whatsoever, excepting with 
rods and lines; or hand-lines, commonly called dip- 
sey or throw-lines, each having not more than three 
hooks; or with trolling-lines, with spoon or artificial 
bait, having not more than one burr of three single 
hooks attached. The number of rods and lines, or 
the number of trolling-lines, not to exceed two of 
one or thf other device named, and said lines must 
be under tlie direct and immediate supervision of the 
person fishing therewith. Any person violating any 
provisions of this section shall, on conviction thereof, 
be subject to a fine of twenty dollars. 

Section 5. It shall be unlawful to fish for bait 
fish, in the Delaware River above Trenton Falls, 
except with the following devices: to wit, rods and 
linos nnd hand-lines, with not more than three hooks 
attached ; a minnow seine, not more than one hun- 
dred feet in length; a, dip net, not more than five 
feet square; a minnow trap, the op<niing of which 
shall not be more than one and one-quarter inches in 
diameter; a scoop net, with single handle, and with 
a diameter of net not more than two feet. Any per- 
son who uses any other device, method, or means for 
catching bait fish, other than those specified in this 
section, shall, on conviction thereof, be subject to a 
fine of twenty dollars. 

Section 6. It shall be unlawful to fish for food 
fish, in the Delaware River above Trenton Falls, 
with any device, method, or means excepting by the 
following d«'vices, and under regulations and re- 
strictions hereinafter described; to wit, a seine, an 
eel pot, or a fyke net, each without winirs; and rods 
and lines, or hand-lines, otherwise known as dipsey 
or throw-lines, each having not more than three hooks. 



GAME. FISH AND FORESTRY LAWS. 



175 



Any person who shall use or employ any method or 
device for catching food fish other than those named 
in this section, or shall use or employ any device 
named in this section contrary to the regulations or 
restrictions hereinafter mentioned, shall be subject 
to a fine of twenty dollars. 

Section 7. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, stur- 
geon, from the Delaware River above Trenton Falls, 
with any device excepting a seine, the meshes of 
which shall not be less than thirteen inches stretched 
measure while being fished ; or to catch and take 
or to attempt to catch and take, any other food fish 
from snid waters with a seine the meshes of which 
shall be less than two and one-half inches stretched 
measure while being fished. It shall also be unlawful 
for any person to catch and take, or to attempt to 
catch and take, any food fish, except sturgeon, by 
means of a seine, between the tenth day of June, in 
each and every year, and the first day of March next 
ensuing. Any person who shall violate any of the 
provisions of this section shall, on conviction thereof, 
be subject to a fine of one hundred ($100) dollars, to- 
gether with a forfeiture of all nets, boats and appli- 
ances used. 

Section 8. It shall be unlawful for any person to 
catch and take or attempt to catch and take, any 
fish of any kind, from the Delaware River above 
Trenton Falls, with a not of any character, which 
is anchored or staked or fastened down in any man- 
ner, permanently or otherwise, or to use any net so 
anchored or fastened down, in any manner. Nor 
shall any net of any kind or character, excepting an 
eel pot, a fyke net, each without wings, be used for 
the purpose of catchin'/ and taking fish in said waters, 
within ono-half mile above or below the mouth of any 
river, creek or stream emptying into said Delaware 
River above Trenton Falls. Any person who shall 
violate nny of the provisions of this section shall, on 
conviction thereof, be subject to a fine of tv/enty ($20) 
dollars, together with the forfeiture of nets, boats, 
and other appliances used. 

Section 9 .As an...nded by the act of June 3, 1911, 
P. L. 637. 

Section 9. It shall be unlawful for any person to 
catch and take, fish of any kind or description from 



Fine. 

sturgeon. 

Seine. 



Other food 

fish. 



Close 
season. 



Fines and 
forfitures. 



Anchored or 
staked net 
prohibited. 



Eel pots and 
fyke nets. 



Tributaries. 



Fines and 
forfeiture. 



176 



GAME, FISH AND FORESTRY LAWS 



Fishing by 
use of net 
prohibited, 
within cer- 
tain hours. 



Fine nnd. 
torfeiture. 



Fooa fish; 
optn 



Open season 
for game 

fish. 



Eel pots and 
fyke nets; 
close season. 



Open 
for carp, 
catfish, eels, 
and suckers. 



Fine and 
forfeiture. 



Length and 
weight of 
fish that 
may be 
taken. 



the Dpliiware River above Trenton Falls, by means 
of n net, or to use n net of any character in the 
vraters aforesaid between Saturday at two o'clock 
povt meridain and twelve o'clock midnight Sunday 
night, in each week. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of one hundred dollars, 
together with a forfeiture of all nets, boats, and other 
appliances used . 

This act shall take effect immediately, but shall 
not be considered as valid or operative until a 
similar act has been enacted by the State of New 
Jersev. A similar act passed by New Jersey, May 
1, 19il. 

Section 10. It shall be lawful to catch food fish, 
with rods and lines, and hand-lines, and trolling- 
lines, as described in section four of this act, at 
any time of the year, in the Delaware River above 
Trenton Falls ; but 't ^hall be unlawful to fish for 
and take game fish, exc«?pring from the fifteenth day 
of June t othe fist day of December, inclusive, in 
each year. Any person violating any of the provisions 
of this section shall, on conviction thereof, be sub- 
ject to a fine of ten ($10) dollars for each and every 
fish so taken. 

Section 11. It shall be unlawful to use eel pots 
and fyke nets, each without wings, in the Delaware 
River above Trenton Falls, from June first to July 
first in each year, both dates inclusive; but it shall 
be lawful to use eel pots and fyke nets, each without 
wings, from July first to May thirty-fii'st, both dates 
inclusive, in each year, for the purpftse of catching 
carp, catfish, eels, and suckers only. All other species 
of fish v/hich may be cauaht in said nets must be 
returned unharmed immediately to the waters from 
which taken: Provided, That the entrance of said 
eel pot and fyke net shall not be more than six inches 
in diameter, and the outside diameter not more than 
thirty inches. Any person violating any of the pro- 
visions of this section shall, on conviction thereof, be 
subject to a fine of twenty ($20) dollars, together with 
a forfeiture of all nets, boats, and other appliances 
used . 

Section 12. It shall be unlawful for any person 
to catch and take, or attempt to catch and take, 
form the Delaware River above Trenton Falls, in 
any manner whatsoever, any striped bass, otherwise 



GAME, FISH AND FORESTRY LAWS. 



177 



known as rock fish, weighing more than twenty 
pounds, or measuring less than ten inches in length; 
or any sturgeon, less than five feet in length; or any 
black bass, or any small-mouth bass, large-mouth 
bass, otherwise known as Oswego or yellow bass, less 
than nine inches in length; or any pike or pickerel, or 
any pike-perch, otherwise known as wall-eyed pike 
or Susquehanna salmon, less than twelve inches in 
length; or any calico or strawberry bass, crnppie, 
white bass, rock bass, otherwise known as red-eye or 
goggle-eye, or trout, or charr, less than six inches in 
length. Any fish of a less length than those described, 
or any striped bass, commonly called rock fish, weigh- 
ing more than twenty poimds, which may be caught, 
must be returned immediately to the water: Provided, 
That nothing in this section shall be so construed as 
to prevent the fishery authorities of the Common- 
wealth of Pennsylvania or of the State of New Jersey 
capturing fish of any size, from said waters, or at 
any time of the year, or in any manner for propa- 
gating purposes and for stocking other waters in their 
respective States, through their authorized representa- 
tives. Any person who shall violate any of the pro- 
visions of this section shall, on conviction thereof, be 
subject to a fine of ten dollars for each and every 
fish so cauaht and had in possession. 

Section 1.3. It shall be unlawful for any person, by 
boat, anchor, drege, or otherwise, in the Delaware 
River above Trenton Falls, to wilfully, and without 
reasonable cause, interfere with, break, damage, or 
destroy any hauling seine, or net of any description, 
being lawfully used. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, be subject to a 

Section 14. It shall be unlawful for any person 
to put or place in the Delaware River above Trenton 
Falls any explosive or poisonous substances whatso- 
ever, or any drug, or any poison bait, for the jiurpose 
of catching, taking, killing, or injuring the fish, or 
to allow any dye-stuff, coal or gas tar, coal oil, 
sawdust, tanbark, cocculus indicus (otherwise known 
as fish berries), lime, vitriol, or any of the compounds 
thereof, refuse from gas-houses, oil-tanks or vessels, 
or any deleterious destructive or poisonous substances 
of any kind or character, to be turned into or al- 
lowed to run, fiow, wash or be emptied into, any of 



Proviso. 



Fishery 
authorities. 



Fine. 



Boats, 

anchors, and 
dredges. 

Unlawful 
use of. 



Fine. 



Explosives 
or poisons. 



Deleterious 
or destruc- 
tive sub- 
stances. 



12 



178 



GAME, FISH AND FORESTRY LAWS 



Pollution of 
waters. 



Fine. 



Unlawful 
sale, offer, 
©r posses- 
sion. 



Fine. 



Concurrent 
jurisdiction. 



Charge. 



the waters aforesaid, unless it is shown that every 
practicable means has been used to prevent the pollu- 
tion of waters in question by the escape of deleterious 
substances. In the case of the pollution of waters 
by substances known to be injurious to fishes or to 
fish food, it shall not be necessary to prove that such 
substances have actually caused the death of any 
particular fish. Any person violating any of the 
provisions of this section shall, on conviction thereof, 
be subject to a fine of two hundred dollars. 

Section 15. It shall be unlawful to purchase, sell, 
or offer for sale, or have in possession, any fresh dead 
game or food fish, pxcept durinjr the lawful period for 
catchin:? the same, and the space of six days after 
such period has expired. Any person violating any 
of the provisions of this section shall, on conviction 
thereof, be subject to a fine of ten dollars for each 
fish. 

Section 16. The Commonwealth of Pennsylvania and 
the State of New Jersey shall have concurrent juris- 
diction over all offenses and violations of this act, 
committed or attempted to be committed by any per- 
son or persons fishing in the Delaware River above 
Trenton Falls, within the jurisdiction respectively 
of the said Commonwealth of Pennsylvania and of 
the State of New Jersey. Any fish warden, or any 
person in either State authorized to make arrests for 
violation of the fish laws, shall have power and au- 
thority to make arrests in any part of the river, or 
shores thereof, and take such person or persons for 
trial to the State in which the offense was committed, 
and proceed against the offender according to the 
legal procedure for violation of the fish laws of said 
State. If the arrest be made upon the shores of the 
said Delaware River, within this Commonwealth, the 
said person or persons shall be taken bf^fore any jus- 
tice of the peace, alderman, magistrate, or other 
legally constituted authority in the county in which 
the arrest was made, and thereupon make charge of 
such violation of the law, or any provision thereof; 
and the justice of the peace, alderman, or other legally 
constituted authority shall forthwith hear and de- 
termine the guilt or innocence of the person or per- 
sons so charged and, if convicted upon such charge, 
shall be sentenced by said justice, alderman, or 
magistrate, severally, to pay the fine or fines, penalty 
or penalties, provided in this act for such violations. 



GAME, FISH AND FORESTRY LAWS, 



179 



together with the costs of suit; said fines to be paid 
over forthwith to the treasurer of the county in which 
the prosecution was brought, and said county treas- 
urer to pay over the sum forthwith to the Commis- 
sioner of Fisheries, for the benefit of the Common- 
wenlth: Provided, That in case the defendant or de- 
fendants shall neglect to pay, at once, the fine or 
fines so imposed, said defendant or defendants shall 
forthwith be s(-utenced to undergo imprisonment, in 
the county jail of the county where such conviction 
takes place, for a period of one day for each dollar 
of fine so imposed and unpaid , unless the defendant 
or defendants, upon convictions, shall give notice of 
intention to appeal, when such defendant or de- 
fendants shall be permitted ti enter into good and 
sufficient recognizance to appear before such justice, 
alderman, or magistrate, on or before the expiration 
of five days, if such appeal is not taken by them, or 
on the final determination of such appeal if it be 
not sustained, for execution of sentence: Provided also. 
That all actions for any violation of any of the 
provisions of this act must be taken within one year 
from the time the offense was committed. In case any 
fish warden, or any person authorized- to make ar- 
rests for violation of the fish laws, fails to prove his 
case, and the defendant or defendants are convicted, 
and are sent to jail," in lieu of the payment of fine 
or fines, penalty or penalties, the county in which 
the case is heard shall pay the costs. Such arrests 
shall also be made on Sunday, in which case the per- 
son or persons shall be taken before the proper officer 
and proceeded against on a week day following the 
arrest. 

Section 17. Any person or persons who shall by 
threat, menace, or force, or in any manner, attempt 
to deter or prevent any fish warden, or other person 
authorized to make arrests for violation of the fish 
laws, in either State, from enforcing or carrying into 
effect any provision of this act, or who shall resist 
arrest, or the seizure of boats or nets illegally used, 
shall, on conviction thereof, be subject to a fine of 
one hundred dollars. 

Section 18. The following acts and parts of acts 
are intended to be supplied by this act, and the same 
are hereby repealed; also, all acts or parts of acts 
inconsistent with this act, be and the same are hereby 
repealed 



ProTiso. 



Appeal. 
Bail. 



Proviso. 



Costs. 



Interference 
with officers. 



Fine. 



Repeals. 



180 



GAME, FISH AND FORESTRY LAWS. 



Act of May 

2S, 1SS9. 



Act «£ May 
22, 1889. 



Act of May 

12, 1901. 



Act of Jane 
25, 1895. 



When act 
sball go 
into effect. 



PrOTlio. 



1. An act for the protection of shad, sturgeon, 
and game fish in the river Delaware, approved May 
twenty-second, eighteen hundred and eighty-nine. 

2. An act for the protection of shad and gamp fish 
in the State of Pennsylvania, approved May twenty- 
second, eighteen hundred and eighty-nine, or so much 
thereof as relates to the Delaware River below Tren- 
ton Falls. 

3. An act for the protection of Penobscot salmon 
planted in the river Delaware , and providing pen- 
alties for the enforcement thereof, approved May 
twelfth, nineteen hundred and one. 

4. An act for the protection of sturgeon, approved 
June twenty-fifth, eighteen hundred and ninety-five. 

Section 19. This act shall take effect immediately; 
but no section, proviso, or part of this act shall be 
considered as valid and operative until a similar act 
has been enacted by the State of New Jersey: Pro- 
vided, That when the said State of New Jersey has 
enacted a similar act, the provisions of this act re- 
lating to the size of the meshes of nets shall not be- 
come operative until June second, nineteen hundred 
and nine. 

Approved— The 8th day of May, A. D. 1909. 
EDWIN S. STUART. 



An act similar to the foregoing was passed by the 
Legislature of New Jersey and signed by the Governor 
o2 that State on April 1st, 1909. 



AN ACT 



Boundary 



Use of 
Bill nets. 



To forbid the use of a gill net of more than thirty 
meshes deep, in such parts of boundary lakes of 
more than five thousand acres as the Common- 
wealth has jurisdiction over, and providing penalty 
and punishment for the violation of any provision 
of this fHCt. 

Section 1. Be it enacted, &c.. That in such part 
or parts of lakes of more than five thousand acres, 
lying between this and any other State or foreign 
country, as this Commonwealth has jurisdiction over, 
and in any bay or inlet thereof, it shall hereafter be 
unlawful to use a gill net of more than thirty meshes 



GAME, FISH AND FORESTRY LAWS. 



181 



deep. Any person or persons who shall violate any 
provision of this s.\:tion shall, on conviction, be sub- 
ject to a penalty of twenty-five dollars; and all nets, 
devices, and appliances, or boats, shall be forfeited 
to the Department of Fisheries. 

Section 2. That from and after the passage of this 
act, any Fish Commissioner , fish warden, deputy 
warden, sheriff, .deputy sheriff, constable, or any 
special officer, or any peace officer in this Common- 
wealth, is hereby authorized and commanded to forth- 
with seize any net or nets, boats or appliances, that 
may be used in violation of any provision of this act, 
and turn the same over to the Department of Fish- 
eries; and they are hereby authorized and commanded 
to forthwith apprehend and arrest any person or per- 
sons who may be guilty of violating any of the pro- 
visions of this act, and take him or them before any 
justice of the peace, magistrate, or other legally con- 
stituted authority, and thereupon make charge of 
such violation of the law, or any of the provisions 
thereof ; and the magistrate shall forthwith hear and 
determine the charge as provided in this act. And 
in case any Fish Commissioner, fish warden, or any 
officer named, above fiils to prove his case, and the 
defendant or defendants are discharged, or in case 
the defendant or defendants are convicted, and ir:e 
sent to jail in lieu of the payment of fine or fines, 
penalty or penalties, the county in which the case is 
heard shall pay the costs. Such {irrests may also be 
made on Sunday, in which case the person or persons 
shall be taken before the proper officer and proceeded 
against on a week-day following the arrest. 

Section 3. That from and after the passage of 
this act, any justice of the peace, alderman, or magis- 
trate, upon information or complaint being made be- 
fore him, by the affidavit of one or more persons, 
charging any person with having violated any of the 
provisions of this act, is hereby required and author- 
ized to issue his warrant, under his hand and seal, 
directed to any constable, police officer, or warden, 
requiring such person or persons to be arrested and 
brought before such justice of the peace, alderman, 
or maa:istrate, who shall hear and determine the guilt 
or innocence of the person or persons so charged ; and, 
if convicted, such justice of the peace, alderman, or 
magistrate shall sentence the person so convicted, 
severally, to pay the fine or fines, penalty or penalties. 



Penalty. 



Authority 
of ofiScers. 



Seizare ef 
neU, boftts, 
etc. 



Arrest*. 



CostB. 



Atitherity 
of Jiistlcea, 
aldermen 
and magis- 
trates. 



Warrants. 



Hearing . 



Penalty. 



182 



GAME, FISH AND FORESTRY LAWS. 



provided in this act for such violation or violations, 
together with the costs of suit; and such fine or 
penalties shall be appropriated as provided in sec- 
tion two of this act. 

Section 4. All acts or parts of acts inconsistent 
with this act be and the same are hereby repealed. 

Approved— The 5th day of May, A. D. 1911. 

JOHN K. TENER. 



AN ACT 



Fishing with 
haul-seine in 
tide-water 
streams. 

Carp, suck- 
ers, mullets, 
and catfish. 

Open season. 

Proviso. 

Size of 
mesh. 

Proviso. 

License. 
Fees. 



Exhibition 
of license. 



To authorize the use of a haul-seine in tide-water 
streams wholly within this Commowealth, under 
certain conditions, for the capture of carp, suck- 
ers, mullets, and catfish, and providing penalties 
for violation of the act. 

Section 1. Be it enacted, &c.. That it shall be 
unlawful to use a haul-soine in the tide-water streams 
wholly within the Commonwealth of Pennsylvania, 
and in the limit of tide-water of said streams, for the 
catching of carp, suckers, mullets, and catfish, ex- 
cepting from the first day of September until the 
thirty-first day of March next ensuing: Provided, 
That the meshes of said haul-seine shall not be less 
than three inches stretched measure while being fished, 
or one and one-half inches from knot to knot while 
being fished: Provided further. That before any per- 
son or persons shall use a haul-seine, as provided 
in this act, he or they shall take out a license from 
the county treasurer in the county in which the 
person or persons reside, and for which the said per- 
son or persons shall pay the sum of five dollars: said 
license shall hold good from September first until 
March thirty-first next ensuing, both dates inclusive, 
and shall be shown on demand to any fish-warden. 
State policeman, constable, sheriff, deputy sheriff, 
or any other person authorized to make arrests for 
violation of the fish laws of this Commonwealth. On 
payment of the money to the county treasurer, said 
county treasurer shall issue a license, on forms sup- 
plied to him by the Department of Fisheries for that 
purpose, and he shall be entitled to retain one dollar 
of the said amount for his services in issuing the li- 
cense, and the other four dollars with a duplicate of 



GAME, FISH AND FORESTRY LAWS. 



183 



the license shall be forwarded by him forthwith to the 
Department of Fisheries, and the Commissioner of 
Fisheries shall turn over the same into the State 
Treasury, for the benefit of the Commonwealth: And 
provided further, that any fish, other than carp, 
mullets, suckers, and catfish, which may be caught 
in said haul seines, shall be returned with the least 
possible harm to the water from which taken ; ex- 
cepting that any shad or herring may be taken in 
said net may be kept from the first day of March to 
the thirty-first day of March, inclusive. Any person 
or persons who violate any of the provisions of this 
section, or who shall use any haul-seine as described 
in this act for the capture of carp, mullets, suckers, 
and catfish from the first day of April until the thirty- 
first day of August, inclusive, shall, on conviction as 
provided in section three of this act, be sub.i<»ct to a 
penalty of fifty dollars, together with a forfeiture of 
all nets, boats, and other appliances used, 
den, special or deputy fish-warden, sheriff, deputy 

Section 2. That any fish commissioner, fish-war- 
sheriff, constable, or any special officer, or any peace 
officer in this Commonwealth, is hereby authorized 
and commanded to arrest forthwith and without war- 
rant any person or persons violating any provisions 
of this act, or to make information against such per- 
son or persons; and they are further authorized and 
commanded to apprehend and arrest, and immediately 
take any person or persons who may be charged with 
such violations before any justice of the peace, magis- 
trate, or other legally constituted authority, and 
thereupon make charge of such violation of the law 
or any provision thereof; and the justice of the peace 
or magistrate shall forthwith hear and determine the 
charge as provided in section three of this act ; and 
in case of any fish commissioner, fish-warden, or any 
other officer named above, fails to prove his case, and 
the defendant or defendants are discharged, or in 
case the defendant or defendants are convicted and 
are sent to jail in lieu of the payment of fine or fines, 
penalty or penalties, the county in which the case is 
heard shall pay the costs. Such arrests may also be 
made on Sunday or any holiday, in which case the 
person or persons shall be taken before the proper of- 
ficer and proceeded against on the lawful day next 
following the arrest. 

Section 3. That any justice of the peace, alder- 



Treasur- 
er's fees. 



Proviso. 

Shad and 
herrinir. 

Open season. 

Carp, mul- 
lets, suck- 
ers, and 
catfish. 

Close 
Season. 

Penalty. 

Viola tiona. 



ArrestB. 



Hearing. 



Ck>st8. 



Sunday 
arrests. 



184 
Complaint. 

Warrant. 
Arrest. 

Penalty. 



Proviso. 



Appeal. 



Proviso. 



Repeal. 



GAME, FISH AND FORESTRY LAWS. 

man, or magistrate, upon information or complaint 
made to him by affidavit of one or more persons, 
char2;in,2: any person or persons with ha vine; viohited 
any of the provisions of this act, is hereby authorized 
and required to issue his warrant, uuder his hand 
and seal, directed to any constable, peace officer, or 
warden, and cause such person or persons to be ar- 
rested and brought before such justice, alderman, or 
magistrate, who shall hear and determine the guilt 
or iunocense of the person or persons so charged ; and, 
if convicted upon such charge, shiill be sentenced by 
said justice, alderman, or magistrate, severally, to 
pay the fine or fines, penalty or penalties, provided in 
this act for such violations, together with the costs 
of the suit. Said fines shall be paid over forth with 
to the treasurer of the proper county and the said 
county treasurer shall pay over the same forthwith to 
the Commissioner of Fisheries, who shall pay the 
same into the State Treasury, for the benefit of the 
Commonwealth: Provided, That in case the defen- 
dant or defendants shall neglect to pay at once the 
fine or fines so imposed, said defendant or defendants 
shall forthwith be sentenced to undergo imprisonment 
in the county jail of the county where such convic- 
tion takes place, for a period of one day for each 
dollar of fine so imposed and unpaid, unless the de- 
fendant or defendants, upon conviction, shall give 
notice of intention to appeal ; when such defendant 
or defendants shall be permitted to enter into good 
and sufficient recognizance, with condition that the 
defendant or defendants appear before such justice, 
alderman, or magistrate, on or before the expiration 
of five days, if such appeal is not taken by him or 
them, or on the final determination of such appeal if 
it be not sustained, for execution of sentence: Pro- 
vided also, That all actions for any violation of any 
of the provisions of this act must be commenced 
within one year from the time when the offense was 
committed. 

Section 4. All acts or parts of acts inconsistent 
with this act are hereby repealed. 

Approved — The 3rd day of June, A. D. 1911. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS. 



185 



AN ACT 



To classify the species of fish in such parts of the 
boundary lakes, of more than five thousand acres, 
as this Commonwealth has jurisdiction over, and in 
the waters of any peninsula or in any bay adjacent 
to or connected with such lakes ; to declare which 
fish are game-fish, which fish are food -fish, and 
which are minnows, or bait-fish; to protect and pro- 
vide for the maintenance and increase of fish in such 
lakes to regulate and provide for the payment of 
license fees for the ca telling of fish from such 
boundary lakes, and prohibit the unauthorized tak- 
ing of fish from devices used by authority of such 
license ; to provide penalties and punishments for 
the violatitui of any of the provisions of this act; 
and requiring the county wherein an offense is 
charged to pay costs of prosecution in certain in- 
stances; and repealing all acts inconsistent herewith. 

Section 1. Be it enacted, &c.. That in such part 
or parts of lakes of more than five thousand acres, ly- 
ing between this and any other State or foreign 
country, as this Commonwealth has jurisdiction over, 
and in any water or on any peninsula or on any bay 
adjacent to or connected with such lake, the follow- 
ing named species of fish are hereby made specifically 
within the provisions of this act, to wit: All species 
or varieties of black or yellow bass, rock bass, calico 
bass or strawberry bass, crappie, muscallonge, and 
grass pike, which for the purpose of this act are 
hereby classified and hereinafter designated as 
game-fish; and minnows and killifish, Avhich shall 
hereinafter be dt^signated as minnows or bait-fish; 
and all other species of fish shall be called food fish. 

Section 2. That it shall be unlawful to fish for or 
capture any gamo fish in any waters witliin the juris- 
diction of this Commonwealth, described in the first 
section of this act, in any manner or with any device 
or appliance, or by any means whatsoever, except a 
rod and line having not more than three hooks, or 
with a hand line having not more than three hooks, or 
a spear used for catching carp and suckers only, or 
with a trollinu-line with spoon-hooks attached; <tr, for 
food fish, with any device not specifically permitted 
in this act. Any person violating any provision of 



Boundary 
lakes, etc. 



Game-fish. 



Food-fish. 



Devices and 
appliances. 



186 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



Nets and 
devices. 



Provis©. 



Penalty. 



Forfeiture. 
Number of 
gams-fish 
that may be 
legally 
caught. 



ProTls». 

GlOSAd 



Penalty. 



this section shall, on conviction thereof, be subject to 
a penalty of twenty-five dollars, or in default of pay- 
ment, undergo imprisonment in the county jail for a 
period of one day for each dollar of fine unpaid, ex- 
cept when otherwise provided; and any device, ap- 
pliance, or boats used in violation of the provisions 
of this section shall be forfeited to the Department of 
Fisheries. 

Section 3. That it shall be unlawful to fish for any 
kind of fish in any bay or in any waters on any penin- 
sula described in the first section of this act, with 
nets or devices or means of any kind, except a rod 
and line having not more than three hooks, or with 
a hand-line having not more than three hooks at- 
tached, or with a trolling-line with spoon-hooks at- 
tached, at any time of the year: Provided, That 
nothing in this section shall be so construed as to pro- 
hibit the use of minnow-nets for angling or scientific 
purposes ; or to prohibit the Department of Fisheries 
from catching fish at any time of the year with nets, 
for the purpose of stocking the waters or for taking 
spawn, or from removing by means of nets, by con- 
tract or otherwise, any fish which it may deem in- 
jurious to other game or food-fishes. Any person vio- 
lating any of the provisions of this section shall, on 
conviction, be subject to a penalty of twenty-five dol- 
lars, or in default of payment, be imprisoned in the 
county jail for a period of thirty days; and all nets, 
devices, appliances, or boats used in violating any of 
the provisions of this section shall be forfeited to the 
Department of Fisheries. 

Section 4. That it shall be unlawful for any person 
to catch and kill in any waters within the jurisdiction 
of this Commonwealth, described in the first secti<in of 
this act, or have in possession, the same being killed, 
more than twenty-five rock bass, crappie, strawberry 
or calico bass, or more than twelve of any species 
of black bass, grass pike, or muscallonge: And pro- 
vided further. That it shall be unlawful for any per- 
son to catch, take, or have in possession, the same 
being killed, any game-fish, from the first day of 
November to the twentieth day of ]May next ensuing, 
both days inclusive. Any person violating any of the 
provisions of this section shall, on conviction, be sub- 
ject to a penalty of five dollars for each and every 
fish so unlawfully caught, killed, or had in possession, 
or, in default of payment, be impiisoned in the county 



GAME, FISH AND FORESTRY LAWS 



187 



jail for a period of one day for each dollar of fine 
unpaid . 

Section 5. That it shall be unlawful for any per- 
son to put or place in any waters described in the 
first section of this act, over which this Common- 
wealth has jurisdiction, any electricity, or any explo- 
sive or poisonous substances whatsoever, or any drug 
or any poison bait, for the purpose of catching, tak- 
ing, killing, or injuring fish; or to allow any dead 
fish, fish offal, contents of tannery vats, planing-mill 
shavings, dye-stuff, coal or gas-tar, coal oil, saw- 
dust, tan-bark, cocculus indicus (otherwise known as 
fish-berries), lime, vitriol, or any of the compounds 
thereof, refuse from gas-houses, oil-tanks, pipes or 
vessels, or any deleterious, destructive, or poisonous 
substances of any kind or character, to be turned into, 
or allowed to run, flow, wash or be emptied into, 
any of the waters aforesaid. In case of the pollution 
of waters by any substances known to be injurious 
to fishes or fish food, it shall not be necessary to prove 
that such substances have actually caused the death 
of any particular fish. Any person violating any 
of the provisions of this section shall, on conviction 
as provided in section seventeen of this act, be sub- 
ject to a fine of one hundred dollars. 

Section 6. That it shall be unlawful to fish in any 
waters described in the first section of this act, and 
over which this Commonwealth has jurisdiction, with 
dynamite, nitro-glycerine, torpedoes, electricity, 
quick-lime, or any kind of explosives or poisonous sub- 
stances, or to place such substances in any waters 
except for engineering purposes, when written per- 
mission has been given therefor by the proper 
National, State, city, or county official or officials. 
Any person violating any of the provisions of this 
section shall, on conviction, be subject to a fine of 
one hundred dollars, or imprisonment of six months 
in the county jail. 

Section 7. That in all cases of arrest made for the 
violation of any of the sections of this act, the posses- 
sion of the fishes prohibited by such section, or the 
possession of a net, nets, or other device, at or near a 
place where the use of such net, nets or device is pro- 
hibited by such section, shall be prima facie evidence 
of the violation of such section or sections. 

Section 8. Any person or persons catching or sell- 



Explosives 
or poisons 



Contami- 
nation of 
waters. 



Penalty. 



Fishing 
with ex- 
plosives or 
poisons. 



Penalty. 



Prima facie 
evidence of 
violation. 



GAME, FISH AND FORESTRY LAWS. 



Use of fish 
as compost, 
etc. 



Penalty. 



Distances. 



Limit. 



Penalty. 



Storgeon. 



Legal 
lenertha. 



Peosity. 



ing game or food-fish, or minor food-fish, from the 
waters of any part of any lake described in the first 
section of this act, for the purpose of making com- 
post or other fertilizing mixture, or who makes use 
of fish for such purpose without the consent in writ- 
ing of the Department of Fisheries, shall, on con- 
viction, be subject to a penalty of one hundred dol- 
lars, or an imprisonment of three mouths in the 
county jail, or both, at the discretion of the magis- 
trate or court before whom conviction was had. 

Section 9. That no net of any description shall be 
set, fastened, drawn, or used within two miles of 
the entrance of any bay described in the first section 
of this act, nor within one-fourth mile from shore; 
nor shall any gill-net be set within three-quarters of 
a mile of any other portion of the shore of the part 
of any lake over which this Commonwealth has juris- 
diction, described in the first section of this act; nor 
shall any other net or nets, other than gill-nets, and 
nets fastened to and supported by poles driven in the 
ground, be set, fastened, or drawn, or used within 
seventeen miles from such entrance to any bay, de- 
scribed in the first section of this act, measured in a 
direct line ; nor within half a mile from the entrance 
of any stream. Any person violatina: any of the pro- 
visions of this section shall, on conviction, be sub- 
ject to a penalty of one hundred dollars, or, in de- 
fault of payment, be imprisoned in the county jail for 
a period of three months. 

Section 10. That it shall be unlawful for any per- 
son or persons, company or corporation, operating 
nets or devices of whatever description or chn meter in 
the waters of any part of any lake described in this 
act, to capture and kill any sturgeon under three 
feet in lenuth, or to have in possession the carcasses 
or flesh of any sturgeon of less than three feet in 
length. Any sturgeon of less than three feet in length 
which may be captured must be returned forthwith to 
the waters, with care and least possible injury. Any 
person or persons violating, or any member of a part- 
nership or ofiicer of a corporation that consents to or 
permits tlie violation of, any of the provisions of this 
section shsjll, on conviction, be subject to a penalty 
of twenty-five dollars for each sturgeon illegally cap- 
tured, killed, or had in possession, or, in default 
of payment, be imprisoned in the county jail for a 
period of one day for each dollar of fine unpaid. 



GAME, FISH AND FORESTRY LAWS. 



Section 11. That it shall be unlawful to fish in any 
part of the waters described in this act, over which 
this Commonwealth has jurisdiction, with any gill-net 
having a mesh of less than three inches, stretched 
mesh, fishing measure, and more than thirty meshes 
deep; and all gill-nets used in fishing for trout shall 
have meshes at least five and one-half (5^) inches in 
size, stretched mesh, fishing measure; or with any 
pound-net, with the net at the back side of the crib 
having a mesh of less than two and one-half (2|) 
inches, stretched mesh, fishing measure, and the net 
of the balance of the crib having a mesh of not less 
than two and one-half (2^) inches stretched mesh, 
fishing measure. Any person or persons fishing, at 
any time of the year, with gill-nets or pound-nets hav- 
ing meshes of less size than herein described, shall, 
on conviction, be subject to a fine of one hundred 
($100) dollars, or, in default of payment, each person 
convicted shall be confined in the county jail for a 
period of three months; and all boats, nets, and 
other applinuces used, together with any fish caught, 
shall be forfeited to the Department of Fisheries: 
Provided further. That the provisions in regard to 
size of meshes in pound-nets shall not become effective 
until the year one thousand nine hundred fourteen. 

Section 12. That it shall be unlawful for any per- 
son, persons, company, or corporation to operate, for 
the purpose of catching fish, any boat, boats, net, 
nets or any device whatsoever, except a rod and line 
having not more than three hooks, or hand-line hav- 
ing not more than three hooks, or a spear used for 
catching carp and suckers only, or with a trolling- 
line with spoon-hooks attached, in any part of any 
lakes described in this act, over which this Com- 
monwealth hns jurisdiction, without having first paid 
into the hands of the Department of Fisheries the 
following amounts as license fees, to wit: For each 
row or sail-boat used in fishing with gill-nets, five 
dollars; for each boat of any other kind, under ton 
tons gross burden, so used, ten dollars; for each 
boat of any kind, of from ten to twenty tons gross 
burden, so used, fifteen dollars; for each boat of 
any kind, over twenty tons gross burden, so used, 
twenty dollars; for each pound-net, ten dollars: for 
any other form of net or device, not less thnn one 
dollar nor more than five dollars, as the Department 



Gin-neta. 
Potmd-nets. 

Penalty. 



Beats, JTietB, 
aod devices. 



License fees. 



19C 



GAME. FISH AND FORESTRY LAWS. 



Spawn. 



Penalty. 



Unlawful 
taking of 
fish from 
licensed 
devices. 



Penalty. 



of Fisheries may determine ; and in addition to the 
license fees above set forth, the operators of each 
boat, so licensed, shall permit a man designated by 
the Commissioner of Fisheries to accompany such boat 
at any time when it is engajied in fishing, under and 
by virtue of such license, for the purpose of securing 
for the Department of Fisheries from the fish so 
caught so much of their spawn as the Department 
may desire to secure ; and any person operating or 
employing others to operate, or any member of a 
partnership or ofiicer of a corporation that employs or 
consents to the employment of any person to operate, 
any boat, net, nets, device, or devices, with- 
out having procured from the Department of Fish- 
eries a license, as provided in this section, authorizing 
him, them, or it so to do, shall, on conviction, be 
subject to a penalty of fifty dollars, or, in default of 
payment, be imprisoned in the county jail for a 
period of one day for each dollar of fine unpaid, and 
all fish and nets shall be forfeited to the Department 
of Fisheries. 

Section 13. That it shall be unlawful for any per- 
son or persons, save the owner or owners thereof, 
or their lawful representatives, to remove or take 
fish from any device which has been duly licensed, 
and operated according to the provisions of this act. 
Any person or persons violating any of the 
provisions of this section shall, on conviction 
thereof, be subject to a fine of ten dollars for each 
fish so unlawfully taken, provided the total amount 
of fine shall not exceed one hundred dollars for tak- 
ing at any one time, and, in default of payment, 
be imprisoned in the county jail for a period of one 
day for each dollar of fine unpaid ; and any fish re- 
covered shall be r-^turned to the owner or owners 
of the net or device from which they were taken, 
and all boats and appliances used in taking the fish 
unlawfully shall be forfeited to the Department of 
Fisheries. 

Section 14. That whenever any person, persons, or 
company or corporation, shall apply to the Depart- 
ment of Fisheries for a license to operate any boat, 
boats, net or nets, or other device, in any waters 
in which may be used legally under the provisions 
of this act, the Department of Fisheries shall, upon 
receiving the fees provided in the twelfth section of 



GAME, FISH AND FORESTRY LAWS. 



191 



this act, issue such license, duly signed by the Com- 
missioner of Fisheries, which license shall hold good 
from the time it is issued until the close of the cal- 
endar year in which it is issued, and shall be carried 
by the operator or operators of said boat, boats, net, 
nets, device, or devices while they are being used: 
Provided, That no license shall be issued to a resident 
of any State or county whose laws prohibit the issuing 
of a license to a resident of the Commonwealth of 
Pennsylvania. Said license must be shown on demand 
by any fish warden, constable, deputy sheriff. Fish 
Commissioner, or any authorized representative of the 
Department of Fisheries. Any person having such 
license in his possession, and refusing to show it on 
demand, shall be subject to a penalty of five dollnrs, 
or be imprisoned in the county jail for a period of 
one day for each dollar of fine unpaid: And provided 
further. That any person, persons, or corporations 
operating any boat, net, nets, device, or devices, 
under a license issued by the Department of Fish- 
eries, who shall fail to comply in every way with 
the provisions of this act shnll have his license re- 
voked by said Department of Fisheries. 

Section 15. That it shall be unlawful for all nets, 
except gill-nets and pound-nets, to be set, fixed, or 
fastened without having attached thereto a buoy of at 
least eighteen inches in diameter, bearing a metallic 
tag on which shall be the owner's name and address, 
which buoy must be plainly visible and above water 
at all times. Any person violating any of the pro- 
visions of this section shall, on conviction as provided 
in section seventeen of this act, be liable to a penalty 
of twenty-five dollars and the confiscation of the net 
or nets: And further provided. That any net, so re- 
quired to be buoyed, which is found in the water with- 
out buoy, as above provided, and the owner cannot 
be located, shall be confiscated to the Department of 
Fisheries. 

Section 16. That all moneys collected as license fees 
and fines, under the provisions of this act, shall be 
paid as received into the State Treasury, for the 
use of the Commonwealth, accompanied by an item- 
ized statement thereof, a copy of which shall be 
filed in the oSice of the Auditor General ; and a dupli- 
cate thereof, when receipted by the Auditor General 
and the State Treasurer, shall constitute a settlement 
between the Commissioner of Fisheries and the Audi- 



issue of 
license. 



Term of. 
Proviso. 



Exhibition 
of license. 



Penalty. 
Proviso. 



Revocation 
of license. 



Buoys. 



Penalty. 



Proviso. 



Disposition 
of fees and 



Settle- 
ments. 



192 



GAME, FISH AND FORESTRY LAWS. 



Seizures. 



When 

county shall 
pay costs. 



Sunday 
arrests. 



Disposition 
of fines by 
Justice of 
the peace, 
etc. 



Complaints. 



Warrants. 



tor General and the Stnte Treasurer as to the afore- 
said license fees and fines. 

Section 17. That from and after the passage of this 
act, any Fish Cummissiouer, fish-warden, deputy war- 
den, sheriff, deputy sheriff, constable, or any special 
officer, or any peace officer in this Commonwealth, is 
hereby authorized and commanded to forthwith seize 
any net, nets, or device whatever, that may be used 
in any violation of any provision of this act, and 
turn the same over to the Department of Fisheries; 
and they are hereby authorized and commanded to 
forthwith apprehend and arrest any person or persons 
who may be guilty of violating any of the provisions 
of this act, and take him or them before any justice 
of the peace, magistrate, or other legally constituted 
authority, and thereupon make charges of such viola- 
tion of the law or any of the provisions thereof; and 
the magistrate shall forthwith hear and determine the 
charge, as provided in this act. And in case any 
Fish Commissicmer, fish-warden, or other officer 
named above fails to prove his case, and the defend- 
ant or defendants are discharged, the county shall pay 
the costs ; and in case the defendant or defendants are 
convicted, and are sent to jail in lieu of the payment 
of the fine or fines, penalty or penalties, the county 
in which the case is heard shall pay the costs, in the 
first instance, without however relieving any defend- 
ant or defendants sentenced to pay same. Such ar- 
rests may be also made on Sunday, in which case the 
person or persons shall be taken before the proper 
officer, and proceeded against on a week day following 
the arrest. All fines, penalty or penalties, paid to 
any justice of the peace, alderman, or magistrate shall 
forthwith be paid over by him to the Commissioner 
of Fisheries. All boats and nets, or devices, forfeited 
to the Department of Fisheries, shall be sold, and the 
money received therefor be paid into the general fund 
of the State Treasury. All illegal devices, not pre- 
served for exhibition purposes, to be destroyed. 

Section 18. That from and after the passage of this 
act, any justice of the peace, alderman, or magis- 
trate, upon information or complaint being made be- 
foro him by the affidavit of one or more persons, 
charging any person v/ith having violated any of the 
provisions of this act, is hereby required and author- 
ized to issue his warrant, under his hand and seal, 
directed to a constable, police officer, or warden, re- 



GAME, FISH AND FORESTRY LAWS 



193 



quiring such person or persons to be arrested and 
brought before such justice of the peace, alderman, 
or magistrate, who shall hear and determine the 
guilt or innocence of the person or persons so charged ; 
and, if convicted, such justice of the peace, alder- 
man, or magistrate shall sentence the person or per- 
sons so convicted, severally, to pay the fine or fines, 
penalty or penalties provided in this act for such 
violation or violations, together w^ith the costs of suit; 
and such fines and penalties shall be appropriated as 
provided in section sixteen of this act. 

Section 19. That the following acts and parts of 
acts, intended to be supplied by this act, be and the 
same are hereby repealed: — 

"An act to classify the species of fish in such parts 
of boundary lakes, of more than five thousand acres, 
as this Commonwealth has jurisdiction over, and in 
waters of any peninsula, or in any bay adjacent to or 
connected with such lakes ; to declare which fish are 
game-fish, which fish are food-fish, minor food-fish, 
and minnows or bait-fish ; to protect and provide for 
the maintenance and increase of fish in such lakes ; to 
regulate and provide for the payment of license fees 
for the catching of fish from such boundary lakes; 
and to provide penalties and punishments for any vio- 
lation of any of the provisions of this act, and to re- 
peal all acts inconsistent herewith," approved the 
twenty-second day of April, Anno Domini one thou- 
sand nine hundred and five. "An act to classify the 
species of fish in such parts of boundary lakes, of 
more than five thousand acres, as this Commonwealth 
has jurisdiction over, and in the waters of any penin- 
sula or in any bay adjacent to or connected with such 
lakes; to declare which fish are game-fish, which 
fish are food-fish, and which are minnows or bait-fish; 
to protect and provide for the maintenance and in- 
crease of fish in such lakes ; to regulate and provide 
for the payment of license fees for the catching of 
fish from such boundary lakes ; and prohibit the un- 
authorized taking of fish from devices used by author- 
ity of such licenses ; to provide penalties and punish- 
ments for the violation of any of the provisions of 
this act ; and requiring the county wherein an offense 
is charged to pay costs of prosecution in certain in- 
stances ; and repealing all acts inconsistent herewith," 
approved April fourth, one thousand nine hundred and 
seven . 
13 



Hearing. 



Penalty. 



Repeals. 



194 



GAME, FISH AND FORESTRY LAWS. 



And, in addition to the above, all acts or parts of 
acts inconsistent with the provisions of this act, are 
hereby repealed. 

Approved— The 18th day of April, A. D. 1913. 

JOHN K. TENER. 



No. 74. 



Dam at 
McCall's 
Ferry. 



Examina- 
tion. 



A JOINT RESOLUTION 

Requiring the construction of an adequate fish-way in 
the dam constructed across the Susquehanna River 
by the McCall's Ferry Power Company, now the 
Pennsylvania Water and Power Company, at Mc- 
Call's Ferry; providing how, and when, and by 
whom such fish-way shall be constructed, and pro- 
viding penalties for failure to comply with the terms 
of this resolution. 

Whereas, The McCall's Ferry Power Company, 
now known as Pennsylvania Water Power Company, 
has heretofore erected a dam across the river Sus- 
quehanna, at McCall's Ferry; and 

Whereas, In the decree of court authorizing the con- 
struction of said dam, the construction and mainte- 
nance thereof was subject to the making and main- 
taining by said company of adequate provision for 
the passage of fish ; and 

Whereas, The said company, in wanton and flagrant 
violation and disregard of said decree, has hitherto 
refused and neglected to comply therewith and has 
willfuly refused and neglected to make adequate pro- 
vision for the passage of fish, as aforesaid; and 

AVhereas, Inasmuch as said company has acted in 
flagrant contempt of the laws of this Commonwealth 
and of said decree, the powers and privileges vested 
in said company should he revoked and the company 
made to realize that it cannot with impunity act in 
wilful disregard of the rights of the citizens of Penn- 
sylvania ; therefore, — 

Section 1. Be it resolved, &c.. That the Fish Com- 
missioner is hereby authorized to examine the dam 
erected across the Susquehanna River, at McCall's 
Ferry, by the McCall's Ferry Power Company, now 
the Pennsylvania Water and Power Company, and to 
ascertain whether said company has complied with the 



GAME, FISH AND FORESTRY LAWS 



195 



decree of the court of common pleas of Dauphin 
County made on, to wit, the fourteenth day of Jan- 
uary, one thousand nine hundred and seven, as of 
record at number four hundred sixty-two. Common- 
wealth docket one thousand nine hundred six, and 
to ascertain whether adequate provision has been made 
for the passage of fish. If the Fish Commissioner 
shall ascertain that adequate provision for the passage 
of fish has not been made, he shall, in writing, notify 
the said company to begin not later than June first, 
one thousand nine hundred and thirteen, and com- 
plete not later than November first, one thousand nine 
hundred and thirteen, the construction of a fish-way 
that will hereafter secure adequate provision for the 
passage of fish up and down said river. If said com- 
pany shall not, after the expiration of one week from 
service of said notice on any official of the company, 
begin such work, and prosecute it continuously to com- 
pletion within the said limit of time, and in accord- 
ance with plans heretofore or hereafter prepared by 
the Fish Commissioner, then said Fish Commissioner 
is hereby authorized to cause said work to be done 
in accordance with said plans, and at the cost of 
the said company. If the work be done by the Fish 
Commissioner, he is hereby authorized to collect, in 
the name of this Commonwealth, the cost thereof, 
with a penalty of fifty per centum additional, to be 
collected as debts of like amount are now by law 
collected. The surplus, after payment for said work, 
shall be paid into the treasury of this Commonwealth. 
Furthermore, if the said company shall not begin said 
work as aforesaid, the Fish Commissioner shall lay 
the matter before the Attorney General, who shall 
forthwith, by quo warranto, proceed to have the 
powers and privileges heretofore vested in said com- 
pany revoked. 
Approved— The 22d day of April, A. D. 1913. 

JOHN K. TENER. 



Fishway. 



Authority 
of the Com- 
missioner. 



Cost. 



Writ of quo 
warranto. 



L96 GAME, FISH AND FORESTRY LAWS 



SUMMARY OF IMPORTANT PROVISIONS OF THE FISH 
LAW RELATING TO FISH AND FISHING IN INLAND 
WATERS . 



The Department of Fisheries has nothing whatever to do with 
the enforcement of either the Game or the Forestry laws of this 
Commonwealth . 

All letters relating to fish or to fishing in this Commonwealth 
should be addressed to the Department of Fisheries at Harrisburg, 
Penna. 

The following are classified as game fish in inland waters: Charr, 
commonly called brook trout; all species of trout and of the sal 
mon family; blue pike; perch-pike, otherwise known as Susque- 
hanna salmon, or wall-eyed pike; pickerel, western pike; mus- 
callonge ; small-mouthed bass, otherwise called black bass; large- 
mouth bass, otherwise called Oswego, green, or yellow bass; 
crappie, grass, strawberry, or calico bass; white bass: rock bass, 
otherwise known as red-eye, or goggle-eye; and all other species 
or varieties of fresh water fish, called or commonly known as 
bass, except striped bass, or rock fish, and fall fish. The follow- 
ing are classified as bait fish; to wit, All forms of minnows, all 
forms of killifishes, and stone catfish. All other species or variety 
of fish, whatsoever, in the waters within this Commonwealth, are 
hereby classified as food fish. 

Section 1, Act May 1, 1909, page 140 

There shall be no fishing of any kind, or with any device, by 
any person on the first day of the week, commonly called Sun- 
day. 

Penalty, $20. 

Section 2, Act May 1, 1909, page 141. 

Where a person is prosecuted for violating any provision of 
the fish law of this State he is to be tried summarily. 

He is entitled to appeal under the provisions of the Constitution 
relating to appeal from summary conviction. 

He has the right to enter into recognizance to either pay the 
penalty imposed, or to certirari the proceedings or to appeal. 
Section 27, Act May 1, 1909, page 156. 



GAME, FISH AND FORESTRY LAWS. 197 

The full penalty recovered for violation of the fish law of this 
Commonwealth belongs to the Commonwealth and no prosecutor 
is entitled to any part thereof. 

Section 27, Act May 1, 1909, page 156. 

Remember there are two distinct sets of fish laws in operation 
in Pennsylvania, one applying to inland waters and the other to 
boundary waters, Lake Erie and the Delaware River. Do not get 
these laws confounded. 

Remember fish in. this State, bait fish excepted, can be taken 
only by methods specifically permitted and that you are liable to 
a penalty if you take them in any other way. 

Trout may be taken only with a single rod and line, and but 
one rod and line can be legally used by one person at one time 
on trout streams of the Commonwealth no matter what kind of 
fish you may be attempting to catch. 

A trout stream as described by the law, is "a stream, or that 
part thereof, in which trout are commonly fished for and caught." 
Section 28, Act May 1, 1909, page 156. 

Other fish classed as game fish may be taken by rod and line or 
hand-line without limit in numbers of rods that may be used, 
during the open season for such fish in the State, excepting that 
the number of appliances known as a tip-up used for the catching 
of pickerel and yellow perch through the ice is limited to eight to 
one person. The use of hand-lines appear to be limited to one 
hand-line. 

Food fish may be taken at any time, Sundays excepted, through 
the use of rod and line or hand-line, without limit in the number 
of rods and lines used ; hand-lines appear to be limited to one 
line. 

No line either fastened to a rod or used as a hand-line, shall 
have attached thereto more than three hooks at one time, and 
the hook known as a burr hook containing three points, shall be 
considered as one hook. 

No person fishing with rod and line or with hand-line shall be 
liable to a penalty unless he has caught and retained a fish, the 
catching of which is forbidden at that time. 

The device known as a tip-up is permitted for the taking of pick- 
erel and yellow perch in season ; the number is limited to eight to 
any one person at one time. 

Section 2, Act M:iy 1, 1909, page 141. 



198 GAME, FISH AND FORESTRY LAWS. 

Spears or gigs without regard to size or spread of tine may be 
used for the taking of eels, carp, suckers, and mullets in streams 
other than trout streams, during the mouths of July, August, Sep- 
tember and October. 

Out-lines or night-lines may be used in streams other than trout 
streams from the first day of June to the first day of December 
for the catching of carp, suckers, mullets, catfish and eels; dead 
bait alone can be used, and the number of snoods with hook 
attached that can be legally used by one person at one time is 
limited to 100. An out-line is a line fastened at both ends to some 
weighty or stationery object. 

Section 2, Act May 1, 1909, page 141 

Bait fish may be taken at any time, Sunday excepted, and 
in any manner excepting through the use of explosives and poisons, 
the use of nets of all kinds is forbidden from Saturady noon until 
6 o'clock of the Monday morning next following. 

Brook trout may be legally taken only with a single rod and line 
having attached thereto not more than three hooks, from the 
fifteenth day of April to the thirty-first day of July both days in- 
clusive . 

Lake trout can be legally taken from the fifteenth day of June 
to the first day of December. 

Wall-eyed pike, commonly called Susquehanna salmon, may be 
legally taken from the fifteenth day of June to the thirty-first day 
of December of each year, both days inclusive. 

All other fish classed as game fish, excepting trout and salmon, 
may be legally caught from the fifteenth day of June to the thir- 
tieth dav of November of each year, both days inclusive. 

Section 3, Act May 1, 1909, page 142 

It is unlawful to catch and retain, or to have in possession after 
the same have been caught in any of the waters of this Common- 
wealth, any brook trout of a full length less than six inches. 

Or to catch and retain in any one day more than forty of such 
fish. 

Or to catch and retain or to have in possession after the same 
have been caught in any of the waters of this Commonwealth 
any white bass, rock bass, crappie, strawberry bass or calico 
bass, or any yellow perch of a length less than six inches. 

Or to catch and retain more than twenty-five of any of these 
kinds of fish in any one day. 



GAME, FISH AND FORESTRY LAWS. 199 

Or to catch and retain, or to have in possession, any black 
bass, or any Oswego or yellow bass, or striped bass otherwise 
known as rock fish, or any salmon trout of a length less than eight 
inches. 

Or to catch and retain more than twelve black bass or twelve 
yellow bass in any one day. 

Or to catch and retain any blue pike, pike-perch, otherwise 
called Susquehanna salmon, or any pickerel of a length less than 
twelve inches. 

Or to retain more than twenty-five of either of these kinds of 
fish caught in any one day. 

Or to catch and retain any muscallonge of a length less than 
twenty-four inches. 

Or to retain more than four of these fish caught in any one 
day. 

Or to catch and retain any sturgeoen of a length less than five 
feet. 

Section 3, Act May 1, 1909, page 142. 

Suckers, carp, catfish, eels, mullets and sun fish are classed as 
food fish and may be taken at any time of the year (Sundays ex- 
cepted) , through the use of rod and line or by hand-line . 

These fish, excepting the sun fish, may be taken in streams 
other than trout streams, through the use of dip nets and fyke 
nets, without wing walls from the thirtieth day of June of any 
one year until the first day of June next following. Said fyke 
nets are to be of prescribed opening and set not nearer than ten 
feet apart. No limit as to size of net of either kind. 

Section 4, Act May 1, 1909, page 142. 

Shad, herring and alewife may be legally taken from the first 
day of March to the tenth day of June next following, both days 
inclusive (Sundays excepted), through the use of seines and nets 
of prescribed mesh. 

Section 4, Act May 1, 1909, page 142. 

Outlines can be used in waters not inhabitable by trout from 
the first day of June to the thirtieth day of November next fol- 
lowing, both days inclusive, for the purpose of catching carp, eels, 
suckers, mullets and catfish, only, and cut or dead bait alone can 
be used on such line. 

Outlines are lines having both ends fastened to some weighty 
or stationary object. These lines can be legally used only from 
five o'clock of one afternoon to seven o'clock of the next morning. 
Snood with hooks attached must be removed or the hooks cleared 



200 GAME, FISH AND FORESTRY LAWS. 

of bait each day. The line must be so weighted as to rest upon the 
bottom. No individual can have in use on any one out-line or any 
number of out-lines more than 100 hooks at any one time. 

All other fish than above named caught through the use of 
an out-line, must be released with as little injury as possible and 
be returned to the waters from whence they were taken. 

Penalty, $20. 

Section 6, Act May 1, 1909, page 144. 

Migration of fish must not be obstructed. 

Penalty, $50. 

Section 7, Act May 1, 1909, page 145. 

Fish ways must be placed in dams at request of Commissioner 
of Fisheries. 
Section 9, Act May 1, 1909, page 145. 

Water wheels must be screened at request of Commissioner of 
Fisheries. 
Section 10, Act May 1, 1909, page 146. 

Persons engaged in the artificial propagation of fish for profit 
must procure a license before beginning to operate such plant. 

Persons so licensed may catch fish on such licensed premises 
(except open streams), at any time, without limit, and in any 
manner excepting through the use of explosives and poisons, and 
may sell same either within or without the Commonwealth, at 
pleasure, under certain restrictions 

Section 11, Act May 1, 1909, page 147. 

Brook trout taken from either private streams, not covered 
oy a license, or from public waters, may not be legally bought 
or sold by any one at any time, either within or without the 
Commonwealth . 

Penalty, $20 for each offense. 

Section 12, Act May 1, 1909, page 148. 

Other fresh dead game fish, caught either within or without 
the Commonwealth, may be bought and sold within the Common- 
wealth only during the open season for such fish within the Com- 
monwealth and for six days thereafter. 

Dead fresh food fish caught within the Commonwealth may be 
bought and sold only during the open season for such fish and 
for six days thereafter. 

Section 13, Act May 1, 1909, page 149. 



GAME, FISH AND FORESTRY LAWS. 201 

It is illegal without permission of some one in aathority to 
fish for fish of any kind, or to trespass upon lands ased by the 
State for fish propagating purposes. 

Penalty, $100. 

Section 14, Act May 1, 1909, page 149. 

Domestic fowls may be killed when found trespassing upon 
waters or lands used by any person for the artificial propagation 
of fish, after notice in writing to the owner of such fowls. 

Wild birds or animals destructive to fish may be killed on such 
waters or lands at any time. 
Section 15, Act May 1, 1909, page 149. 
Pollution of streams prohibited. 

It is unlawful to place explosives or poisons in any of the 
waters of this Commonwealth, excepting explosives for engineering 
purposes, a permit for the use of which must first be secured from 
the proper authorities. 

Penalty, $100. 

Section 16, Act May 1, 1909, page 150. 

It is unlawful to introduce into any of the waters of this Com- 
monwealth inhabited by trout, any other carnivorous fish, without 
securing the consent of the owner of such waters, and also the 
written consent of the Commissioner of Fisheries. 

Penalty, $50. 

Section 17, Act May 1, 1909, page 150. 

When acting in his official capacity for the State, either in 
person or through his duly appointed agents, the Commissioner 
of Fisheries has the right to catch fish at any time and in any 
manner except through the use of explosives or poisons. 

Section 18, Act May 1, 1909, page 151. 

The Commissioner of Fisheries can make such distribution of 
fish as to him may seem best. 

First, to the public waters located on Forestry Reserves of 
the State. 

Second, to public institution for educational purposes. 

Third, to such other waters of the State as may be open to 
public fishing. 

Section 19, Act May 1, 1909, page 151. 

It is unlawful to apply for, or to receive fish from the De- 
partment of Fisheries, for the purpose of stocking private waters, 
not open to public fishing within the State. 

Penalty, $25. 

Section 19, Act May 1, 1909, page 151. 



202 GAME, PISH AND FORESTRY LAWS 

The Commissioner of Fisheries has the power to set aside and 
close to fishermen, for a series of years, any of the small streams 
of the State that may to him seem best suited for nursery purposes 

Section 20, Act May 1, 1909, page 152. 

Persons fishing with certain devices must secure a license. 
Section 21, Act May 1, 1909, page 152. 

It is unlawful for any person other than the licensee of such 
device or his legitimate employe, to remove fish from such device, 
except that any person may release and set at liberty any fish 
that might not be legally taken through the use of such device. 

Section 22, Act May 1, 1909, page 153. 

Where a fish warden fails to convict or defendant goes to jail, 
costs are to be paid by the county. 
Section 24, Act May 1, 1909, page 154. 

Persons interfering with oflicers of the Department of Fisheries, 
either by threats, menaces or in any manner attempting to deter 
or hinder them in the performance of their duty, are liable to a 
penalty of $100. 

Section 25, Act May 1, 1909, page 155. 

Prima facie evidence. 

Section 26, May 1, 1909, page 155. 

Manner of procedure to secure convictions and of appeal. 

Section 27, Act May 1, 1909, page 155. 

Wardens are required to return all penalties collected to the 
State. 
Section 27, Act May 1, 1909, page 155. 

Wardens' powers and duties. 

Commissioner of Fisheries has the right and power to issue 
bulletins. 
Section 31, Act May 1, 1909, page 158 

All boats, nets, and other fishing paraphernalia used in viola- 
tion of law forfeited to the State. 
Section 33, Act May 1, 1909, page 158. 

Number and size of fish that may be legally taken is fixed by law . 
Section 3, Act May 1, 1909, page 142, and table on page 203. 

Eel pots of certain size mav be used in manner prescribed by law 
Section 4, Act May 1, 1909, page 143. 



GAME, FISH AND FORESTRY LAWS. 203 

Dip nets of proscribed mesh may be used for the taking of carp, 
eel, cat fish, and suckers, in waters of the Commonwealth, not 
inhabited by trout. 

Section 4, Act May 1, 1909, page 143. 

All fish taken except by means specifically permitted must be 
returned, unharmed, to the wai^er when they are taken. 

Penalty $10 for each game fish so taken and retained, with for- 
feiture of all fish appliances used. 

Section 5, Act May 1, 1909, page 143. 

The provisions of the act of May 1, 1909, do not apply to 
waters forming the boundary line between this State, and any 
other State of Nation. 

See act April 18, A. D. 1913, P. L. 185, regulating fishing in Lake 
Erie. The Act May 1, 1909, page 162, regulating fishins: below 
Trenton Falls, and the Act of May 8, 1909, pa^■e 172, regulating 
fishing above Trenton Falls. 

It is the duty of all peace officers of the Commonwealth, to de- 
stroy all illegal devices, used in fishing, and to arrest the parties 
operating the same. 

May rrrest without warrant where parties are caught in the act 
Arrests may be made on Sundav. 
Section 24, Act May 1, 1909, page 154. 

All .-.ctions for violation of the fish law must be brought within 
one year, from the -\te of the commission of the offense. 
Section 27, Act May 1, 1909, page 155. 

Bull frogs and terrapin are now protected for a certain time. 
Act April 6, 1903, page 139. 

Under ^n opinion of the Attorney General, snapping turtle is 
not classed as terrapin ; there is therefore no law controlling 
thj taking of this turtle and it may therefore be caught at any 
time. 



204 GAME, FISH AND FORESTRY LAWS. 



SUMMARY OF IMPORTANT PROVISIONS OF THE FISH 
LAW GOVERNING THE BOUNDARY WATERS OF THE 
STATE. LAKE ERIE. 



The list of game nnd food fish in these waters is the same as 
in the State at large, excepting wall eyed pike and blue pike 
and lake trout. 

Section 1, Act April 18, 1913, page 185. 

Manner of taking game fish, in boundary waters, the same as 
in other waters of the State, viz: With rod, hook and line. 

Penalty, $25 with forfeiture of all nets and appliances illegally 
used. 

Section 2, Act of April 18, 1913, pa-e 185. 

There is nothing in the act regulating fishing in Lake Erie 
that prohibits fishing with rod and line or with hand line on 
Sunday. 

It is illegal to catch, either game or food fish, for the purpose 
of making compost or fertilizer. 
Penalty, $100 and imprisonment for three months. 
Section 8, Act of April 18, 1913, page 1S8. 

Contamination of streams or waters described in this act for- 
bidden . 
Penalty, $100. 
Section 5, Act of April 18, 1913, page 187. 

It is illegal to use a net, or seine of any description, within 
two miles of the mouth of any stream, or the entrance to any 
bay, named in the first section of this act, or to set k gill net 
or nets, within three-quarters of a mile, of any portion of the 
shore of said waters. 

Nets of no description except gill nets and nets fastened to 
poles can be legally used within seventeen miles of the entrance 
to any bay described in the first section of this act. 

Penalty, $100 and imprisonment for three months. 

Sectoin 9, of the Act of April 18, 1013, pnge 188. 

License fee required from any person, or corporation, operating 
a fishery in any of the waters named in this act. 
Penalty, $100. 
Section 14, Act of April 18, 1913, page 191. 



GAME, FISH AND FORESTRY LAWS. 205 

License must be exposed for examination upon demand made 
be proper officer. 
Penalty, $5. 
Section 14, Act of April 18, 1913, page 191. 

Act May 8, 1909, relating to fishing in the Delaware River above 
Trenton Falls. 
Classification of fish the same as in State at large. 
Section 3, Act May 8, 1909, page 173. 

Seasons are the same as in State at large. 
Section 10, Act May 8, 1909, page 176. 

The catching of game fish is limited to rod and line or hand 
line with not more than three hooks attached, and the number 
of rods and lines or hand lines is limited to two, rods and lines 
or two hand lines, or one of each, by any person at one time. 

Section 4, Act May 8, 1909, page 174. 

The catching of bait fish is limited to methods specifically per- 
mitted . 
Penalty, $20. 
Section 5, Act May 8, 1909, page 174. 

The catching of food fish is limited to methods specifically per- 
mitted . 
Penalty, $20. 
Section 6-7, Act May 8, 1909, page 175. 

Use of nets prohibited in Delaware River from noon on Saturday 
to six o'clock on Monday morning following. 
Section 9, Act May 8, 1909, page 176. 

Width or depth of gill net that may be legally used in I^ake Erie 
limited to 30 meshes. 
Section 1, Act May 5, 1911, page 180. 

Fishing on Sunday with rod and line or with hand line in 
boundary waters is not forbidden. 

The use of out lines is not permitted in boundary waters. 

The use of fish baskets is not permitted in boundary waters. 

Sunday fishing with nets forbidden in Delaware River. 



206 GAME, PISH AND FORESTRY LAWS. 

Time when fish may be taken through the use of seines and 
nets altered and fixed. 

Amended section 9, Act May 1, 1909, page-lTo. 

Striped bass or rock fish exceeding twenty pounds in weight 
not to be taken. 

Length of other fishes that mav be legally taken fixed. 
Section 12, Act May 8, 1909, page 17'3. 

Seines or nets not to be wantonly interfered with. 
Section 13, Act May 8, 1909, page 177. 

It is unlawful for any person to drift a gill net over the waters 
of a shore fishery while the hauling seine is being used. 
Section 14, Act May 8, 1909, onge IHS. 

Explosives and poisons not to be used. 

Pollution of waters prohibited. 
Section 14, Act Muy 8, 1909, page 177. 

States to have concurrent jurisdiction. 
Section 17, Act May 8, 1909, page :!39 

Act May 1, 1909, relating to fishing in the Delaware River 
below Trenton Falls. 

Provisions the same as below Trenton Falls, excepting those 
relating to the use of nets and seines. 

References in this book to court decisions upon the subject 
of game, will also apply to fish, page 

No fish excepting bait fish in Pennsylvania waters can be 
legally taken by any method not specifically permitted. 

Special attention is also called to the fact that under the opinion 
of the Attorney General and the ruling of several courts of the 
State, the taking of fish of all kinds is limited to the methods 
specifically permitted by the law. The use of all methods for 
taking fish not named in the several acts upon this subject 
are therefore forbidden. 

This provision covers the draining of dams or ponds for the pur- 
pose of catching fish also. 



GAME, FISH AND FORESTRY LAWS. 207 

The catching of fish with ones hands, or in any other manner, 
excepting through the use of methods specifically named. 

Special attention of fishermen is called to the trespass law 
found on pages 23 and 24. 

Attention is also called to the provisions regarding fishing in 
streams other than strictly public waters, as found in Section 19 
of the Act of May 1st, 1909, page 151. 



208 



GAME, FlSIi AND FORESTRY LAWS. 



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(210) 



INDEX TO FISH LAWS 



A. 

Page. 

Actions, time limitation 156,170,179 

Alewif e 143 

Alderman 155 , 169, 178, 181 

Anchored, nets not to be, at both ends 166,175 

Apparatus, forfeiture of fishing 141,143,166,167,181,191 

Appeal, right of 134,156,170,179 

Application of fines and penalties 191 

Application to maintain a propagating plant 147 

Appointment of Commissioner jf Fisheries 137 

Appointment of Fish Wardens 156 

Appointmer t of Chief Warden, 156 

Appointment of Special Fish Wardens 158 

Artificial propagation of fish by individuals, 147 

Arrest 133, 154, 181, 184, 192 

Arrest, resisting or interfering with 133,155,170,179 

Arrest on Sunday, 154, 192 

Arrect, Avarrant for 155,183 

Arrest without warrant 157 

Arrest for offense committed on Delaware liver 169,178 

Associations, suggestions for, 398 

B. 

Bail 134, 156, 170, 179 

Bait, cut or dead 144 

Bait fish 140, 164, 174 

Bait fish in Delaware river 164,174 

Basket, fish, provision repealed, 145 

Bass, black 133, 142, 164, 173, 185 

Bass, grass 140, 164, 173. 185 

Bass, green, 140, 164, 173, 185 

Bass, large-mouth 1^0,164,173,185 

Bass, rock or red-eye, 140.164,173,185 

Bass, small mouth 140.164.173,185 

Bass, white 140, 160, 173, 185 

Bass, striped 140. 160, 175, 185 

Bass, yellow, or Oswego, or gree 140,160,175,185 

Bass, calico, or strawberry 140,160,175,185 

Bass in Delaware river, 160,175 

Blue pike 132,142.164,173,185 

Boat, forfeited to Commissioner of Fisheries 159,181,189 

Boundary, waters 162, 173, 185 

Boundary, length of fish in 168,176,188 

Brook trout 140, 148, 164, 174 

Bulletins may be issued by Department of Fisheries ...158 

Bull frogs 139 

Burr hook 141, 164, 174 

(211) 



212 INDEX. 

c. 

Page. 

Calico or strawberry bass 140,160,175,185 

Carniverous Fish, planting of, in trout streams prohibited 150 

Carp 140, 143. 167, 183 

Cast net 131 

Cat-fish 143, 144, 167, 176, 183 

Cat-fish, stone; bait fish 140 

Certificate for the transportation of trout 147 

Certificate for propogating purposes 147 

Certificate of fish sold 152 

Charr, or brooli trout 140,148,164,188 

Chutes and fishways 145,146 

Classification of fish 140, 162. 173. 185 

Close season 141, 144, 166. 176, 1S3. 186 

Close season In Delaware river, 167,176 

Coal oil prohibited 150.169,177,187 

Commissioner of Fisheries, appointment of, 137 

Commissioner of Fisheries, duties and powers of 138,151 

Committment to Jail, see "penalty," 

Compensation to fish wardens 158 

Compost, fish for, 188 

Concealment of fish, 157 

Confiscation of fish and appliances 159,160,181 

Constables, ex-offlcio fish wardens 14 

Constables, powers and duties of 14,15 

Contrivances forbidden in flebing 141,150,164,174,187 

Contamination of waters 150,169,177,187 

Convictions before justice, 134,155.170.178,192 

Convictions, summary , 134, 155, 170, 178, 192 

Costs, county to pay In certain cases, 134,161,192 

Court decisions 221 

Grapple, grass, strawberry, or calico bass 140,160,175,185 

Cut or dead bait 144 



Dams 145 

Dams, gates or flshways In 145,146 

Dead or cut bait 144 

Decisions pertaining to fish 221 

Defiling waters prohibited 150,169,177,187 

Delaware river, general act relating to, 131 

Delaware river, above Trenton Falls, 173 

Delaware river, below Trenton Falls 162 

Department of Fisheries, 137 

Destruction of Illegal fishing appliances, 142,154,159,181 

Dip nets 131, 140, 143, 164, 174 

Dipsey lines In Delaware River 164,174 

Distances net can be used 143,188 

Distribution of flsh, 151 

Domestic fowls, trespassing, may be killed after notice 149 

Drift net 166 

Duty of Commissioner of Tlsherles 137,146,151 

Duty of Fish Warden 154,156 

Duty of Fish Wardens on Delaware river 169,178 

Duty of Justices 134,155.169,178 

Dynamite 150,169.177.187 



INDEX. , 213 

E. 

Page. 

Eels 141, 167, 1 77 

Belpots, 142, 167, 1 76 

Belpots in Delaware river 161. 17C 

Eggs 148 

Educr.tional purposes, fish may be kept for 151 

Electricity, fishing with 150,169,177,187 

Evidence to be heard by justices 134, 155. 169,1715 

Evidence, prima facie, violation of fish laws, 155,187 

Explosives or poisons 141,150,lfii^,177,187 

Explosives for engineering purposes may be used 150 



Fall-fish 140 

Fertilizer, fish for, 188 

Fines 132, 135, 141, 142, 143, 144, 145, 146, 148, 152, 153, 154, 155, 156, 159, 165, 167 

168, 174, 176, 177, 178, 179, 181, 183, 184, 186, 187, 189 

Fines, disposition of 156,184,192 

Fish, open season for cod 141,142,144,165,175 

Fish, bait 140, 164, 174 

Fish basket not be used, repeakd, 145 

Fishways not to be obstructed 146 

Fish, classification of, 140,164,173,185 

Fish, free distribution of, provided for, 151 

Fish fry 151 

Fish, food, 140, 164, 174, 185 

Fish, game 140, 160, 174, 185 

Fish, illegally taken must be returned to water, 133,142,144 

Fish, catching for special purposes 133,186 

Fish, food and game may be sold during open season and tor six days 

thereafter 147, 148 

Fish, length of 142,168,176 

Fish Commissioners, powers of 138,151 

Fish wardens, duties and powers of, 154,156 

Fish, disposition of, and appliances used, when seized, 159,160,181 

Fish, time may be held in possession after close of season, 149,169,178 

Fish corporations may have special police 135 

Fishing with nets above Trenton Falls 174 

Fishing in State at Large 131,132,140,141,153,186 

Fishing for scientific purposes permitted, 133,186 

Fishing, certain methods prohibited 186 

Fisheries Department, 187 

Fisheries Commission 138 

Fishing on Sunday prohibited, 141,166,176 

Fishing regulated in State 141 

Fishing regulated in boundary waters 166,176 

Fishways 145 

Fishways, no fishing within four hundred feet of 145 

Fishways, no fishing within one hundred feet of, with rod and lines, 145 

Food fish 140, 144, 165, 174 

Food fish, license to take 147,152,191 

Food fish, sale of, for compost prohibited „, 188 

Food fish in Delaware river 165,175 

Forfeiture of fish and fishing appliances 131,143,166,176,186,190 

Frogs, open season for 139 

Fry, trout, preference to State 151 

Fyke nets 142 



214 INDEX. 

G. 

Page. 

Game fish, general Acts of Assembly 140.162,172,185 

Game fish in Delaware river, 162,173 

Game fish, open season for 166,176 

Game fish in inland waters, 140 

Game fish, manner of catching 141,164,174 

Game fish, summary of law 196 

Game fish, methods specifically mentioned. 141,164,174 

Gaff, 141 

Gas tar prohibited 150, IGfi, 177,187 

Gig or spear, Ill 

Gill nets 166. ISO, 189 

Green bass 140,164,175,185 

Guide, employment of, 149 

Guide not to fish for employer 14S, 149 

H. 

Hand line 141.189 

Haul seine, 143,1^2 

Hearings, Ib4, 156, 17C, 179, 183, 192 

Herring, 143,183 

Hook and line 133, 141. 164.174, 1S9 

Hooks 133, 141, 164, 174, ISP 

I. 

Ice, fishing through, 42 

Illegal rontrivances prohibited 133,141.164,174,189 

Illegal devices to be destroyed or sold, or icrfeited, 131,143,166,176,186,190 

Imprisonment imposed. See penalties. 

Interfering with officers, 133,155,170,179 

J. 
Justice of the peace 155,169,178,181 

K. 
Killifishes HO. 164. 174, 185 

L. 

Lake Erie, or green bass 140 

Lakes, boundary, protection of fish in 185 

Landing net, may be used 141 

Law, decision of courts 221 

Laws relating to fish in the State at large 132,140 

Laws relating to fish in the Delaware river, 162,172 

Laws relating to fish in Lake Erie and boundary waters 185 

Lawful manner of fishing in Delaware river, 164,165,174 

Lencrth of fish taken, Delaware- river 168,176 

Length of flsh taken In Internal waters 14- 

Lengtb of fish taken, boundary lakes 18?^ 



INDEX . 215 

Page. 

License to fisb for food fish, *•• 1^; 

License, right of State to impose lo-- 182,191 

License for fishing in Lake Erie .^^^11 

License foes, disposition of 1^6, 184 

License to be shown on demand ,- JoJ 

Lime, uso of, in fishing, prohibited, 150,16ri,177,lS7 

Limitatioi: of time In prosecutions 1^6, 170, 179 

M. 

Magistrate, dntier of, ^^'•^^^•^^?'JZ^Pi 

Measurement of fish -^^^'I o'Ho'ico 

Meshes, size of, in seines or nets 143, 1S2, 189 

Metallic tag on fyke nets, ■ • - •••••- ^„^ }jl 

Methods of fishing permitted 112,168,l<6,l;^8 

Minnows, bait fish, '^'^^'l^-'llt 

Migration of fish, obstructing l-io. 146 

Misdemeanor, : : , „„ Joi 

Mullets, H!'^^r.'!?.? 



Muscallongf 



.140.142 1S5 



N. 



Names o" nets, 1'^^ 

Nets, 131,152. 167, 176, 189 

Nets' forbidden in Delaware river 131,165,167,176 

Nets on Sunday, J^- 

Nets to b'- destroyed A -iAA ,-7-7 To- 

Nitro-glycerine, use of prohibited, ' 'vl'V^iy 

Notice, trespass 'Ho 

Number of trout in one day 1|^ 

Number of bass, etc Ij- 

Number of bass in one day, Lake Erie 1»6 

Nursery streams, 



152 



(). 

Obstructing fish way ^45, 146 

Obstructing migration of fish 14o, 146 

Office of the Pish Commission 1-^| 

Office of the Commissioner of Fisheries 138 

Officers refusing or neglecting to do duty A" ;:..-,„ 7,^ 

Officers interfering with. 133,15.3.170,179 

Officers, resisting or refusing to assist, ••••• 155 

Open season for fish 141, 144,166, 176.183,186 

Organizations, suggestions for, 298 

Outlines, 144 

Ownership and control of streams, 1"^ 

P. 

Paraphernalia, seizure of, 131,143 167 176 186 190 

Penalties for violation of fish laws 132, 135, 141. 142. 143. 144, 14o. 146, 148,152 153 

154, 155, 156, 159, 165, 167, 168, 171, 176. 177, 17S, 179. 181. 183, 184. 186. 187, 189 

Perch 140.164,174 

Pickerel 140.164.174.185 



216 INDEX . 

Page. 

Pike, blue 140, 142 

Pike, grass 140,142,164.178,185 

Pike perch 140, 142, 164, 173, 185 

Pike, wall-eyed, or Susquehanna salmon, 141, IW, 174 

Pike, western, 140,142,185 

Planting fish 140, 184, 174 

Poison, fish with, forbidden 150,169,177,187 

Poison and acids from tanyards, to be kept out of streams 187 

Poisonous substances in streams prohibited, 150,169,177,187 

Police, special 135 

Police, powers and duties of 136 

Pollution of waters prohibited 150,160,177,178,187 

Possession of fish, prima facie evidence 155,187 

Pound net 189 

Powers of Commissioner of Fisheries 138,151 

Powers of fish wardens 154, 156 

Preference of State in distributing fry 151 

Prima facie evidence 155, 187 

Private streams 148 

Proceedings on arrest made 133,154,181,184,192 

Property seized, disposition of fish 131,143,166,176.181,190 

Propagating streams may oe set aside and closed 152 

Propagation of fish, artificial, by individuals 147 

Public fishing, waters open to 151 

Purchase or sale of certain fish prohibited 148 

Q. 
Quick lime, use of, in fishing, prohibited, 150,169.177 

R. 

Recognizance, 134, 156. 170. 179 

Record costs, liability for 134,135,154.170,179,192 

Refuse from gas houses, etc., not to enter streams 150.169,177,187 

Removal of fish from licensed device by third person prohibited, 153 

Report of Commissioner of Fisheries 158 

Resisting arrest 133,155.170,179 

Rock bass, 140, 164, 173, 185 

Rock fish, or striped bass 140.160,175,185 

Roi'k fish, open season for 141,144,166.176.183.186 

Rod and line 133.141,164.174,189 

S. 

Sale of seized appliances 159, 160. 181 

Sale of certain fish prohibited 148.169 

Sale of certain fish permitted 149,158,169 

Sale of Susquehanna salmon or wall-eyed pike 140,162,174 

Saturday night, fishing with seines unlawful, 132,143.166,176 

Sawdust, in streams prohibited 150.169,177,187 

Scientific purpose 151. 186 

Screens to prevent destruction of fish 146 

Search for fish, by officer without warrant 157 

Search warrant, 167 

Seasons for game fish 140, 164. 173. ISR 



INDEX. 217 

Page. 

Seasons for game fish, open 141,144,166,167,176,182,183,186 

Seasons for game fish, close, .*. 142, 143, 144, 165, 167, 183, 186 

Second offense, 132 

Seines 143, 166 

Seines, In Delaware river not to be broken 168 

Seizure, riglit of 131,143,166,176.186,190,192 

Sentence by justice 155,169.178,181 

Shad 131, 143, 183 

Size and number of fish legally talien 141,142 

Size and number of fish legally taken in Delaware river 168,176 

Snoods, number to be used at one time 144 

Spawn 190 

Spear, or gig 141 

Special wardens not entitled to salary, 158 

Speckled trout, open season for 141 

Speckled trout, wild, not to be bought or sold, 148 

Speckled trout, wild, not to be caught for wages or hire 149 

Speckled tiout, wild, size and number to be taken 142 

Speckled trout, propagated In captivity, may be sold in certain 

cases 149 

Spoon hook 164, 174 

Statistics of fish shall be furnished, 158 

Stocked waters to be free 151-152 

Stocking of waters with fish 151 

Streams for propagation may be set aside and closed, 152 

Streams on State lands, preference for, in distributing fry 151 

States of Pennsylvania and New Jersey to have concurrent jurisdic- 
tion over Delaware river 169,178 

Striped bass or rock fish 140,160,175,185 

Sturgeon 143, 165, 175, 188 

Sturgeon, open season for 166,176 

Suckers 141,144 

Suits, costs of, where chargeable, 134,161,192 

Summary conviction 134, 155, 170, 178, 192 

Summary of fish laws 196 

Sunday, no fishing on, 141 

Sunday, arrests may be made on, 154,192 

Sunday fiebing on Delaware river 166 

Susquehanna salmon 141, 164, 174 



Table ot size, seasons, etc., of game fish 208 

Tag to fyke nets and outlines 143-144 

Terrapin 139 

Terms of Fish Commissioners, 138 

Threatening officers 133. 155. 170, 179 

Three hooks 141, 164, 174, 185 

Time limit of actions 156,170,179 

Time fish may be held after close of open season 149,169,178 

Tip-ups 141 

Torpedo, use of prohibited, in fishing 150,169,177,187 

Transportation of fish permitted 148 

Trenton Falls, fishing above 162 

Trenton Falls, below. 172 

Trespassins: on waters operated by Fish Commissioners, 149 

Trial. 156,170.179 



218 INDEX. 

Page. 

Trolling line 164, 174, 189 

Trout, brook or speckled, ♦ 140.148,164,183 

Trout fry, preference 151 

Trout, opep season for 141 

Trout streams 144 

Trout streams, hoAV deflnod 156 

Trort, lake 141 

U. 

Unlawful to procure fish for private purposes, 152 

Unlawful haking of fish 190 

V. 

Vats, contents of, 150.169.177,187 

Vitriol 150. 169, 177, 1S7 

W. 

Wall-eyed pike, or Susquehanna salmon 141,164,174 

Walls, wing 132,143 

Wardens, fish, duties and powers of 156,157 

Wardens, fish, compensation of, 158 

Wardens, special 158 

Warrants of arrest and search 155,157,183 

Warrants for trespass 149 

Waters fo public fishing 151 

Waters in which fishing may be prohibited 153 

Waters on State lands, preference of, in distributing fry 151 

Waters, boundary, 162, 172, 185 

Wa ter wheels must be screened for protection of fish 146 

Wild birds may be killed 150 

Wing walls 143 

Y. 

Yellow bass 141 . 164, 174 

Yellow perch 141. 164, 174 



GAME, FISH AND FORESTRY LAWS. 219 



>EADING DECISIONS PERTAINING TO GAME 
AND FISH. 



OWNERSHIP AND CONTROL. 

1. In the classification of property, there nrc s</uie things 
which from their nature are incapable of absolute ownership, 
and amon;^ those are light and air, and game and fish. 

2. Bouvier 7S1. 

2. It is probable that the right to take game and fish was a 
natural right, wholly unrestrained originally by law. 

As the population of the earth increased, it apparently be- 
came necessary for the purpose of insuring the perpetuity of 
these things, to abridge or restrict by law this natural right. 
At what period or by what process this change was brought 
about does not seem perfectly clear, although the fact remains 
that this change was wrought ,and that in all civilized nations 
of the world to-day the taking of game and fish is considered 
a boon or privilege and not an inherent right. In America 
game and fish are considered to belong to the State, not as a 
proprietor, but in its sovereign capacity, as the representative 
And for the benefit of all the people. 

Ex parte Maier, 37 Pac. 402. 

Phelps V. Racey, 60 N. Y. 10. 

3. The right to hunt game is but a privilege given by the 
legislature, and is not an inherent right in the residents of 
the State. 

Comth. V. Papsone, 44 P. Superior Ct. 129. Supreme Ct. 
231, p. 45. 

4. "Wild game of a State belongs to the people, in their col- 
lective sovereign capacity, and is not the subject of private 
ownership, except in so far as the people may elect to make 
it so, and they may if they see fit, absolutely prohibit the 
killing ot it, or trafiic or commerce in it. That its taking, pos- 
session anr* the disposition thereof is the subject of legislative 
enactment." 

Geer y. Connecticut, 161 U. S. 519. 
Martin v. Waddell, 16, Pet. 410. 
y:x parte Maier, 103 Cal. 476; 37 Pac. 402. 

Comth. v. Papsone, 44 P. Superior Ct. 129. Supreme Ct. 
231, p. 45. 



220 GAME, FISH AND FORESTRY LAWS. 

5. "Game in preserves and fish in private waters are still under 
the control of the Legislature." 

People V. Doxtater 75 Hun. 472. 

6. "Wild game caught or killed contrary to law, remains the 
property of the State." 

Thomas v. N. P. Express Co., 73 Minn., 185. 

7. "The right of a state is maintained, to adopt any reason- 
able regulation, not only as to the time and manner of taking 
game, but also imposing limitations, upon the right of prop- 
erty in such game after it has been taken, because he who 
takes or kills game, has no absolute property in such game and 
takes it subject to all the provisions of the law authorizing its 
taking." 

Geer v. Connecticut, 161 U. S. 519, and many citations. 
Ward V. Race Horse, 163 U. S. 504. 

8. "And the fact that game has been killed does not change 
the relation of the law making power to it, but it is still sub- 
ject to control. 

Merritt v. People, 169 111. 218. 

9. "The measures best adapted to the preservation and pro- 
tection of game are for the Legislature to determine, and courts 
cannot review its discretion." 

Phelps v. Racey, 60 N. Y. 10. 

POLICE POWER. 

10. "The right to preserve game flows from the undoubted ex- 
istence of a police power to that end, which may be none the less 
efliciently called into play because by so doing Interstate Com- 
merce may be remotely or indirectly affected.' 

Geer v. Connecticut, 161 U. S. 519. 
Hall v. DeCuir, 95 U. S. 485. 
Sherlock v. Ailing, 93 U. S. 99-103. 

People V. Silz, Supreme Court Reporter, Dec. 1908 10; 219 
U. S. 31. 

11. "Laws and ordinances relating to the comfort, health, con- 
venience, good order and general welfare of the inhabitants are 
comprehensively styled 'police laws and regulations.' It is well 
settled that laws and regulations of this character, though they 
may disturb the enjoyment of individual right are not unconsti- 
tutional, although no provision is made for compensation for such 
disturbance. They do not appropriate private property for public 
use, but simply regulate its use and enjoyment by the owner, etc." 

Dillon on Municipal Corporations, Sec. 141. 



GAME, FISH AND FORESTRY I.AWS. 221 

12. As stated in Barvier v. Connoly, 113 U. S. 27. "Neither 
the amendment (XIV) broad and comprehensive as it is,— nor 
any other amendment was designated to interfere with the power 
of the State, sometimes termed its police power, to prescribe 
regulations to promote the health, peace, morals education or good 
order of the people," we are within the province of the Constitution 
when we regulate the manufacture and sale of food stuffs. Com. 
V. McCann, 14 Pa. Superior Ct. 221; The number of hours the 
adult female should labor, Com. v. Beatty, 15 Pa. Superior Ct. 5; 
and in prohibiting women and children from working in coal mines, 
Act May 15th, 1893, P. L. 76; in prescribing the qualifications of 
physicians nnd undertakers. Com. v. Hanley, 15 Pa. Superior Ct. 
271; when musical bands may play in the public streets, Wilkes- 
Barre v. Garabed, 11 Pa. Superior Ct. 355; when we authorize the 
killing of dogs following the track of protected game, Com. v. 
Frederick, 27 Pa. Superior Ct. 228, and in denying the right to 
aliens to obtain license to sell intoxicating liquors, Trangresser 
V. Gray, 73, Md 250; 9, L. R. A. 780. 

Com. V. Papsone, 44 Pa. Superior Ct. 129; 231 Pa. 45. 

13. "Indeed the police power as to game birds, flows from the 
duty of the State to preserve for its people a valuable food supply." 

Phelps V. Racey, 60 N. Y. 10. 
Ex parte Maier, 103 Cal. 467, 37 Pac. 402. 
Magner v. People, 97 111. 320. 
McCready v. Virginia, 94 U. S. 395. 
Smith v. Maryland, 18 How 71. 

Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Su- 
preme Ct. 377. 

14. "The power of a State to protect by adequate police regula- 
tion, the people against the aduleration of articles of food, al- 
though in so doing commerce may be remotely affected, necessarily 
carries with it, the existence of a like power to preserve a food 
supply, which belongs in common to all the people of the State, 
which can only become the subject of ownership in a qualified way 
which can never be the subject of commerce, except with the 
consent of the State, and subject to the conditions, which it may 
deem best to impose for the public good." 

Lawton v. Steele, 152 U. S. 133. 

People V. West, 106 N. Y. 293. 

People V. O'Neill, 110 Mich, 324. 

L'Hote V. New Orleans, 177 U. S. 597. 

Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 

Pa. Supreme Ct. 377. 
Comth. V. Papsone, 44 Pa. Superior Ct. 129. Sustained by 

Supreme Ct. 231, p. 45. 



222 GAME, FISH AND FORESTRY LAWS. 

15. "Aside from the authority of the State derived from the 
common ownership of game, and the trust for the benefit of 
its people, which the State exercises in relation thereto, there is 
another view of the power of the State in regard to the property 
in game, which is equally conductive. The right to preserve game 
flows from the undisputed existence in the State of a police power 
to that end, which may be none the less efficiently called into play 
because by so doing inter-state commerce may be remotely and 
indirectly affected." 

Kidd V. Pearson, 128 U. S. 1. 
Hall V. DeCuir, 95 U. S. 485. 
Sh'.rlock V. Ailing, 93 U. S. page 99-103. 
Gibbous V. Ogden, 9 Wheaton 1. 

16. Indeed the source of the police power as to game birds 
(like those covered by the statute here called in question) flows 
from the duty of the State to preserve for its people a valuable 
food supply . 

Phelps V. Racey, 60 N. Y. 10. 
Ex parte jNIaier, ubi sup. 

Wagner v. The People, ubi sup, and the cases there cited. 
Comth. V. McComb, 39 Pa. Superior Ct. 411, 227 Pa. Su- 
preme Ct. 377. 

17. The exercise by the State of such power, therefore, comes 
directly within the principle of Plumley v. Massachusetts, 155 
U. S. 461 and 473. 

18. Th^ power of the State to protect by adequate police regu- 
lation its people against the adulteration of articles of food (which 
in this was maintained) although in so doing commerce might be 
remotely affected, necessarily carries with it the exercise of a like 
power to preserve a food supply, which belongs in common to all 
people of the State, which can only become the subject of owner- 
ship in a qualified way, and which can never be the object of com- 
merce, except with the consent of the State, and subject to the 
conditions which it may deem best to impose for the public good." 

The people of New York v. August Silz, Supreme Court Re- 
porter for Dec. 1908, p. 10, 219 U. S. 31. 

Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 
Pa. Supreme Ct. 377. 

19. "In order to protect local game during the close season it 
has been found expedient to make possession, of all such game, 
during that time, whether taken within, or without the State, 
a misdemeanor. In other states of the Union such laws have been 
deemed essential, and have been sustained by the courts." 



GAME, FISH AND FORESTRY LAWS. 223 

Roth V. State, 51 Ohio 209. 

Am. St. Rep. 566, 37 N. E. 259. 

Stevens v. State, 89 Md. 669. 

43 Atl. 929. 

Magner v. People, 97 111. 320. 

20. "It has been provided that the possession of certain kinds 
of game during the close season shall be prohibited, owing to the 
possibility that dealers in game may sell birds of the domestic kind, 
under the claim, that they were taken in another state or country. 
The object of such laws is not to affect the legality of the taking 
of game in other states, but to protect the local game, in the in- 
terest of the food supply of the people of the State. We cannot 
say that such purpose, frequently recognized and acted upon, is an 
abuse of the police power of the State and as such, to be declared 
void because contrary to the Fourteenth Amendment to the Con- 
stitution." 

"That a state may not pass laws directly regulating foreign or 
inter-state commerce has frequently been held in the decision of 
this court; but, while this is true, it has also been held in repeated 
instances, that laws passed by the states in the exertion of their 
police power, not in conflict with the laws of Congress upon the 
same subject, and indirectly or remotely affecting inter-state com- 
merce are nevertheless valid law. 

Mo. K. & T. R. Co. V. Haber, 191 U. S. 477. 

Ashell V. Kansas, 209 U. S. 2.31. 
"And it may be said generally that the legislation of a state not 
directly against commerce or any of its regulations, but relating 
to the rights, duties and liabilities of citizens, and only indirectly 
and remotely affecting the operations of commerce is of obligatory 
force upon citizens within its territorial jurisdiction, whether on 
land or water, or engaged in commerce, foreign or inter-state or 
in any other pursuit." 

Reported in case of People v. Silz, Supreme Court Reporter, 

December 1908, page 12, 219, U. S. 31. 

21. "The extent and limitation of what is known as the police 
power, has been a fruitful subject of discussion in the appellate 
courts of nearly every state of the Union. It is universally con- 
ceded to include everything essential to the public safety, health 
and morals and to justify the destruction or abatement by summary 
proceedings of whatever may be regarded as a public nuisance, 
and wherever the public interest demands it a large discretion is 
necessarily vested in the legislature to determine not only what 
the interests and the public require, but what measures are neces- 
sary for the protection of such interests." 



224 GAME, FISH AND FORESTRY LAWS. 

Barbire v. Connelly, 113 U. S. 27. 

Comth. V. McComb, No. 148 Oct. T. 1908, 38, Pa. Superior 

Ct. 411, 227 Pa. Superior Ct. 377. 
Comth. V. Papsone, 44 P. Superior Ct. 129. Sustained by 

Supreme Ct. 231, p. 45. 

22. "The test as to whether the police power is validity ex- 
ercised, is,' whether the enactment has relation to the public 
welfare, as it has been deemed of sufficient importance to justify 
the Legislature of practically all the states to enact laws for the 
protection and preservation of game, and we have seen no case 
which challenges this as a legislative right, clearly within the 
exercise of the police power." 

23. "The duty of preserving the fish and game of a state from 
extinction or prohibiting exhaustive methods of taking it, or the 
use of destructive instruments as are likely to result in the ex- 
termination of the young as well as the mature, is as clear as its 
power to secure to its citizens, as far as possible, a supply of other 
wholesome food." 

Lawton v. Steele, 152 U. S. 133. 

Comth. v. McComb, No. 148, 39 Pa. Superior Ct. 411. 227 Pa. 
Supreme Ct. 377. 

24. Laws enacted for the purpose of regulating the time and 
appliances for catching fish, are a proper exercise of the police 
power of a state; and, although they may, under certain circum- 
stances, prevent a man from fishing in a stream running through 
his own land, they do not necessarily amount to taking private 
property for public use without compensation. 

Comth. V. Bender, 7 Pa. C. C. 620. 
Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 Pn. Su- 
preme Ct. 377. 

25. "The weight of authority seems to favor the validity of 
laws prohibiting the possession of game during the closed season." 

Ex parte Maier, 103 Cal. 476. 
Merritt v. People, 169 111. 218. 
State V. Farrell, 23 Mo. App. 176. 
Phelps V. Racey, 60 N. Y. 10. 
Roth V. State, 51 Ohio, 209. 
Jarvis v. U. S., 11 App. D. C. 345. 

26. "The effect of these decisions is, that such possession is 
unlawful e^en though applied to game lawfully captured within 
the State during the open season, and to game lawfully captured 
outside of the State and lawfully brought within the State (pro- 
vided the law of the State prohibits the possession of such game) 



GAME, FISH AND FORESTRY LAWS. 225 

on the theory that such laws are necessary for the protection of 
game, or as suggested by the late Chief Justice Coleridge, that 
the object is to prevent British wild fowl from being improperly 
killed and sold, under pretense of being imported from abroad." 

Whitehead v. Smithers, 2 C. P. D. 553. 

People V. Silz, Supreme Court Reporter Dec. 1908, p. 12 
209 U. S. 31. 

DUE PROCESS OF LAW. 

27. "No person shall be deprived of his life, libertj^ or property 
without due process of law." 

Constitution of the United States, 5th and 14th amendments. 

28. "This clause of the Constitution only applies to such rights 
as are in their nature fundamental, which belong of right to citi- 
zens of all free governments." 

Carfield v. Caryell, 4 Wash. D. C, 380. 
Scott V. Sanford, 60 U. S. 393. 

29. "It is true that under the fourteenth amendment, no State 
can deprive a person of life, liberty or property, without due 
process of law. But in determining what is due process of law, 
we are bound to consider the nature of the property, the necessity 
fcr the sacrifice and the extent to which is has heretofore been 
regarded as within police power. So far as property is inoffensive 
or harmless, it can only be destroyed by legal proceedings with 
due notice to the owner ; but so f. as it is dangerous to the safety 
or health of the community, due process of law may authorize its 
summary destruction." 

Sentell v. R. R., 106 U. S. 61)8. 

Lawton v. Steele, 152 U. S. 133. 

Smith v. Maryland, 59 U. S. 71. 

Fertilizing Co. v. Hyde Park, 97 U. S. 659. 

Comth, V. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Supreme 

Ct. 377. 
Comth. V. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct. 

231, p. 45. 

30. "The emergency may be such as not to admit of the de- 
lay essential to judicial inquiry and consideration, or the sub- 
ject of such action and process may be of such a nature, or the 
conditions and circumstances in which the act must be per- 
formed to effect the protection and give effect to the law, may 
be such as to render judicial consideration impracticable." 

Jenkins v. Ballentine, 8 Utah 245; 30 Pac. 760. 

15 



226 GAME, FISH AND FORESTRY LAWS. 

31. "In a case involving the validity of a statute of the State 
of New York, authorizing the summary destruction of nets, used 
in illegal fishing, it was held,' that the police power is universally 
conceded to include everything essential to the puhlic safety, 
health, and morals, and to justify the destruction or abatement 
by summary proceedings of whatever may be regarded as a public 
nuisance.' " 

Smith V. Maryland, 18 How 71. 

McCready v. Virginia, 4 Otto. 391. 

Lawton v. Steele, 152 U. S. 133. 

People V. West, 106 N. Y. 293. 

People V. O'Neill, 110 Mich. 324. 

L'Hote V. New Orleans, 177 U. S. 597. 

Holyoke Water Co. v. Lyman, 15 Wall 500. 
The courts of Pennsylvania have ruled in the same way upon 
the subject . 

Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 
Pa. Supreme Ct. 377. 

Comth. V. Joseph Papsone, 44 Pa. Superior Ct. 129. Su- 
preme Ct. 231, p. 45. 

CONSTITUTIONALITY. 

32. "It is but a decent respect due to the wisdom, integrity 
and patriotism of the legislative body, by which any law is 
passed, to presume in favor of its validity, until its violation 
of the Constitution is proven beyond all roj^sonable doubt. A 
reasonable doubt must be solved in f.-ivn- of tlie legislative action 
and the act be sustained." 

"The preservation of game and fish has always been treated 
as within the proper domain of the police power and laws, limiting 
the season when birds and wild animals may be killed, and had 
for sale, and prescribing the manner in which they may be taken, 
have been repeatedly upheld by the courts. The duty of preserving 
the fish and game of a State from extinction, by prohibiting ex- 
haustive methods of taking it, or the use of destructive instru- 
ments as are likely to result in the extermination of the young as 
well as the mature, is as clear as its power to secure to its citizens, 
as far as possible a supply of any other wholesome food." 

"It is within the province of the Legislature to prescribe the 
methods or instruments that may be used in taking game or fish 
and it is not uncoustiutional for the Legislature of a state to forbid 
the use of a specially made gun such as the automatic * * * *Nor 
a^'e the courts concerned about a technical though trifling inter- 
ference with the pleasure of a hunter, or the property interest 
of a gun maker in deciding a question of public interest and wel- 



GAME, FISH AND FORESTRY LAWS. 227 

fare, * * * * Where the interest of the private manufacture 
and the p)ublic will come in conflict from the legislative standpoint, 
the people at large are to have preference." 

"The act of June 10, 18S1, forbids the sale to any person 
under the age of sixteen years, of a pistol, revolver, etc. The 
act of March 31st, 1860, provides for the confiscation of gambling 
apparatus. Even the length of time a female laborer shall be sub- 
jected to the exhaustion of physical labor is within legislative con- 
trol * * * * The object of this act is not to favor the makers 
of one sort of a gun at the expense of those of other kinds, but 
. its sole object is to protect game, and the methods adopted for 
its destruction, whether guns, traps, or devices are proper sub- 
jects for legislative consideration." 

Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 
Pa. Supreme Ct. 377. 

LEGAL STATUS OF DOGS. 

33. "Dogs have been considered under the law as belonging 
to a class, as it were between animals ferae natura, in which until 
killed or subdued, there is no property, and domestic animals, in 
which the right of property is perfect. They are not considered 
as being upon the same plane as horses, cattle and sheep, and 
other domestic animals, but rather in the catagory of cats, monkeys, 
parrots and similar animals kept for pleasure, etc. Acting then 
upon the principle that there is but a qualified property in them 
and that while private interests require that the valuable one shall 
be protected, public interests demand that the worthless shall be 
exterminated and they have from time immemorial been considered 
as holding their lives at the will of the Legislature, and properly 
falling within the police power of the several states. Laws for the 
protection of domestic animals are regarded as having .but a limited 
application to dogs or cats." 

Santell v. R. R., 16 U. S. 698. 

34. "The court held that even if they were to be regarded as 
property in the fullest sense of the word, they would still be 
subject to the police power and might be destroyed or otherwise 
dealt with, as in the judgment of the Legislature appeared neces- 
sary for the protection of its citizens ; that it was purely within 
the discretion of the Legislature to say how far dogs shall be rec- 
ognized as property and under what restrictions they shall be per- 
mitted to roam the streets." 



228 GAME, FISH AND FORESTRY LAWS. 

COMMERCE IN GAME. 

35. The Legislature may authorize the killing of dogs following 
upon the track ot protected game. 

Comth. V. Frederick, 27 Pa. Superior Ct. 228. 

36 "It was also held that a State might absolutely prohibit the 
manufacture within its limits of liquors and could prohibit the 
sale therein of liquors so manufactured." 

Mugler V. Kansas, 123 U. S. 623. 

Kidd V. Pearson, 128 U. S. 1. 

37. "But that liquor being a well recognized article of com- 
merce and property, in the ordinary sense, its importation from 
another State and its sale, in the original packages could not be 
prohibited." 

Bowman v. R .R., 125 U. S. 465. 
Leisey v. Hardin, 135 U. S. 100. 

38. "A State can forbid any traffic or commerce in game." 
Geer v. Connecticut, 161 U. S. 519. 

Ex parte Maier, 103 Cal. 476. 

People V. Silz, Supreme Court Reporter, Dec. 1908, p. 12; 219 

U. S. 31. 
State V. Weber, 102 S. W. 955. 
Dietreich v. Fargo, 104 N. Y. S. 334. 

STATUS OF IMPORTED GAME. 

People V. Weinstock, 102 N. Y. S. 349. 
People V. Stillman, 102 N. Y. S. 351. 
People V. Waldorf-Astoria, 103 N. Y. S. 434. 
Silz V. Hasterburg, 219 U. S. 31. 

STATUS OF WILD BIRDS OTHER THAN GAME BIRDS. 

39. In 1907, N. I. Schwartz, of New Orleans, was fined for 
offering 75 aigretts for sale contrary to the statute of I^ouis- 
iana forbidding the possession or sale of imported as well as native 
birds . 

State V. Schwartz, 44 La. 20. 

40. In 1907 an employee of Gimble Bros., Philadelphia, was con- 
victed before an alderman of that city for attempting to sell and 
having in possession, certain red birds or cardinals, that had 
according to the evidence been brought into the State from other 



GAME, FISH AND FORESTRY LAWS. 229 

Stat s. On appeal to the Court of Quarter Sessions this con- 
viction wns sustained and defendant was lined. 

Comth. V. Crumley, 16 A. R. 334, 8 Lack. J 128. 

RIGHT OF A STATE TO IMPOSE A LICENSE FOR HUNT- 
ING BY NON-RESIDENTS. 

41. "A State may lawfully impose a license for the privilege 
of hunting upon citizens of other States, which is not imposed 
on its own citizens." 

In re Eberle, 98 Fed. 295. 

42. "A State can prohibit the use of oyster beds in the waters 
of the State by citizens of other States. That as fish are common 
property of all the people of the State, a citizen of another State 
is not invested by the Constitution with any right therein." 

McCready v. Virginia, 94 U. S. 391. 
Haney v. Compton, 36 N. J. L. 507. 
State V. Corson, 50 Atl. 780. 

43. "On the 24th day of October, 1904, the Supreme Court 
of Illinois rendered a decision in the case of Cummings v. People, 
upholding the constitutionality of the license law, and quoting with 
approval the decision of the Supreme Court of New Jersey in the 
case of Allen v. Wyckoff and the United States Circuit Court of 
the Northern District of Illinois in the case of in re Eberle." 

Allen V. Wyckoff, 48 N. J. L. R. 90; 2 Atl. 659. 

44. "In the case of Commonwealth v. Cannon, in the court 
of common pleas of Cumberland countv. No. 115 Feb. T. 1905. No. 
30 County Court Reports, p. 637. 

•In overruling the objection filed the learned court said: 'It has 
been however repeatedly held that statutes which are directed 
against non-residents, but not against citizens of other States, are 
constitutional and valid.' " 

Rothermel v. Meyerle, 136 Pa. 251. 

State V. Medbury, 3 R. I. 138. 

Chambers v. Church, 14 R. I. 398. 

Sears v. Warren Co., 36 Ind. 267. 

People V. Lawndes, 130 N. Y. 455. 
A stockholder of shooting club corporation, is not an owner 
of clubs real estate. A stockholder in a corporation owning a 
tract of land used as a game preserve is not an "owner" of the 
land within the meaning of the provision of the law, permitting 
owners of farm lands to hunt game on their lands without pro- 
curing a resident license. 
The title to wild game is in the State, irrespective of the owner- 



230 GAME, FISH AND FORESTRY LAWS. 

ship of the land on which it may be found; and the State may 
prohibit or regulate the killing of game, and may impose greater 
restrictions upon non-residents than upon residents. 

The proviso to section 32 of the Game law of 1903 which provides 
that nothing in the Act shall apply to persons hunting on land of 
another per.son by invitation of the land owner is invalid, being 
so repugnant to the body of the Act, that to uphold its validity 
would be destr.;ctive to the Act itself. 

The proviso to Section 25, was intended to permit owners of 
farm lands, residing in this State, and their children or tenants 
to hunt game upon those lands, within the other limitations of 
the Game law, without procuring a resident license, and was not 
intended to extend that privilejre to non-residents. 

Cummings v. The People, 111. Reports, Vol 211, p. 393. 

ALIENS. 

45. "It is a legal and political axiom that protection and alle- 
giance are reciprocal. Aliens resident or sojourning here, do not 
owe the full measure of allegiance exacted from the citizens, nor 
can they enjoy all the rights, privileges and immunities ot citizen- 
ship." 

Luke V. Calhoun Co., 52 Ala. 115, 121. 
Cyc. of Law and Procedure, Vol. 2, page 88, Note 23. 
The Court in the case of Com. v. Joseph Papsone, among 
other things says: 

46. "Nor does the provision of the fourteenth amendment, which 
declares ,'No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United 
States,' affect this defendant in any way, as he is not a citizen. 

An alien while domiciled with us, is entitled to the protection 
of the laws and owes in return for this protection a temporary and 
local allogieuce which continues during the period of his residence ; 
2 Am. & Eng. Enc. of Law 64. We legislate primarily for our 
own citizens in granting the special privileges that are independent 
of our inherent rights. The alien is prohibited from doing many 
things to which a native born or a naturalized citizen is entitled. 
He cannot exercise any political rights whatever, nor be compelltid 
to fill any elective or appointive othce. He is not qualified to serve 
as a juror; or to receive a license to sell liquor, hawk or peddle. 
A non-resident is not entitled to the benefit of our S.300.00 exemption 
law. Each State has its own exemption laws for the benefit of its 
own citizens. 

The privilege to hunt game has been limited to our own citizens, 
and as v.as said in Presser v. Illinois, 116 U. S. 252; 'If the plain- 
tiff in error has any such privilege he must be able to point to 



GAME, FISH AND FOilKSTRY LAWS. 231 

the provision of the constitution or statute of the United States by 
which it is conferred. For as was said by this Court in U. S. v. 
Cruikshank, 92 U. S. 542, the government of the United States al- 
though it is within the scope of its powers, supreme and beyond the 
States, can neither grant nor secure to its citizens rights or privileges 
which are not expressly or by implication placed under its jurisdic- 
tion. All that cannot be so granted or so secured are left to the 
exclusive protection of the State." 

"Whatever one may claim as a right, under the Constitu- 
tion and laws of the United States by virtue of his citizenship, is 
a privilege of a citizen of the United States. Whatever the Con- 
stitution and laws of the United States entitles him to exemption 
from, he may claim as an exemption in respect to, and such a 
right or privilege is abridged w^henever the State law interferes with 
any legitimate operation of Federal authority which concerns his 
interests, whether it be an iiuthority actively, exerted, or resting 
only in the express or implied command or assurance of the Federal 
Constitution or law. But the United States can neither grant nor 
secure to its citizens, rights or privileges, which are not expressly, 
or by reasonable imrlication, placed under its jurisdiction, and all 
not so placed are left to the exclusive protection of the States." 

This defendant is not a citizen of the United States, nor of 
this Commonwealth. While he is within our jurisdiction he is 
entitled to the equal protection of the laws, subject to the limita- 
tions of the class of which he is a member. 

Com. v. Joseph Papsone, 44 Pa. Superior Ct. 129. Pa. Su- 
preme Ct. 231, p. 45. 

47. "Citizens of other States have no property right which en- 
titles them to fish against the will of the State, afortiori, the alien 
from whatever county he may come, has none whatever in the 
waters,, or the lisheries ot the State. Like other privileges he 
enjoys as an alien, by permission of the State, he can only enjoy 
as much as the State vouchsafes to yield to him as a special priv- 
ilege. To him it is not a property right, but is in the strictest 
sense a privilege or favor." 

Rothermel v. Meyerle, 136 Pa. 251. 

State V. Meddery, 3 R. I. 138. 

Chambers v. Church, 14 R. I. 398. 

Sears v. Warren Co., 36 Ind. 267. 

In re Ah Chong,^2 Fed. Rep. 736. 
The possession of a shotgun or rifle by an alien, operating a 
shooting gallerv is a violation of the Act of May 8th, 1909. 

Comth. V. Charles Maloof, 49, Pa. Superior Ct. 581. 
A conviction may be had under the provisions of the Act of 
April 14th 1903, requiring non-residents to secure a license before 
hunting in this Commonwealth, without showing that the de- 



232 GAME, FISH AND FORESTRY LAWS. 

fendant had not taken out a license in any other county of the 
State. 

Comth. V. Cannon, No. 30 County Court R. 637. 

RESIDENT HUNTERS' LICENSE. 

A land owners right to take fish, or game, on his own land, 
which inheres in him by reason of his ownership of the soil, is 
a property right, subject to the States ownership and title, held 
to regulate and preserve game. 

State V. Mallory, 83 S. W. 955, Arkansas. 
An Act providing that no person shall at any time hunt with a 
gun, any of the wild animals or birds, that are protected during 
any part of the year, with ut having procured a license, etc., is 
Constitutional and a reasonable exercise of the police power for 
the protection of game. 

The power of the Legislature to enact Statutes, is plenary, ex- 
cept in so far as that power has been limited by the Constitution, 
and every presumption is in favor of the Legislative enactments. 
They will be declared unconstitutional and void when they are 
clearly violative some express Constitutional limitation. 
Kyle V. People, 80 N. E. 1081, Illinois. 
State V. Holcomb, 101, Pac. 1072, Kansas. 
Cummings v. People, 211, 111. 392, 71 N. E. 1031, Illinois. 

RIGHTS OF THE PEOPLE. 

48. "When the interest of the private manufacturer and the 
public weal, come in conflict, from the legislative standpoint, the 
public at large, are to have the prefereifce. 

Halter v. State, 7 L. R. A. N. S. 1079. ' 

Comth. V.Kenny, 32 Penna. Superior Ct. 544. 

Comth. V. Bercaw, 30 Penna. Superior Ct. 335. 

N. Y. etc., R. R. v. New York, 165 U. S. 633. 
* * * * So that, a specially designated gun, which is made 
particularly effective and proportionately dangerous to game, 
comes within the class of dangerous agencies either to be regulated 
or prohibited as the Legislature may decide. 

The judgment of the Court below is reversed, and the record 
is remitted to the end that the sentence imposed may be fully 
carried into effect." 

Commonwealth v. McComb, 39 Pa. Superior Ct. 411. 
Judge Orlady in his opinion handed down in the automatic 
gun case, after citing numerous methods that might not be legally 
used in the taking of game says: 



GAME, FISH AND FORESTRY LAWS. 233 

49. "The swivel gun referred to in the Act of 1897, is de- 
scribed as a small cannon, revolving on a swivel, so that it may 
maim or kill a number of game at a single discharge, but it is always 
under the direction and control of the operator. The automatic gun 
mentioned in this act is described as 'one that is fired from the 
shoulder, and the recoil developed by the exploded cartridge ejects 
the shell, cocks the hammer, and feeds in a fresh cartridge from a 
magazine into the chamber of the gun,' so that all that is required 
to discharge it is to pull the trigger. It is not necessary to 
justify the wisdom of the Legislative enactment ; the whole question 
has so frequently been the subject of discussion in the Legislature 
and Courts, that we must accept it as a result of their delibera- 
tions, that the automatic gun is not a proper weapon for the 
killing of game, within this Commonwealth. Nor are the Courts 
concerned about a technical though trifling interference with the 
pleasure of a hunter, or the property interest of a gun maker. 
Indeed, the source of the police power, as to game flows from 
the duty of the State to preserve for its people a valuable food 
supply. * * * * The exercise of this power therefor, comes 
directly within the principal of Plumley v. Mass. 155 U. S. 461, 
and Silz v. Hostenburg, 219 U. S. 31." 

JURISDICTION. 

50. "The Courts of Quarter Sessions shall also have jurisdiction 
in cases of fines, penalties or punishments imposed by any act of 
Assembly for offenses, misdemeanors and delinquencies, except 
when it shall be otherwise expressly provided and enacted." 

The Criminal Procedure Act, March 31st, 1860, P. L. 427, 
Sec. 32. 

51. A Justice of the Peace has the right of Summary Con- 
viction only when that right is distinctly and specifically given 
by the act under which suit is brought. 

Comth. V. LaBar, 32 Sup. Ct. p. 228. 

52. Where concurrent jurisdiction exists in different tribunals 
the one first exercising jurisdiction, rightfully acquires control to 
the exclusion of the other. 

Whartons Crim. PI. and Practice, 8 Edition, Sec. 441-451. 
Hugh Crim. Law and Procedure, p. 663, Sec. 2564. 

FRAUD. 

53. A former conviction secured by the fraud of the defendant 
is no bar to a subsequent prosecution. 

Whartons Crim. PI. and Prac, Sec. 451, 8th Edition. 



234 GAME. FISH AND FORESTRY LAWS. 

54. It has also been held that a former conviction or acquittal 
procured by fraud of the defendant, is no bar to a subsequent 
prosecution . 

Infra. Sec. 849. 

55. A new trial will be granted where it appears any unfair 
trick or artifice had been employed, resulting in favor of the 
party using it, thus a new trial was granted, where the defendant, 
by artifice of the prosecuting attorney, went to trial without con- 
travening testimony, under the belief that certain witness of the 
State were absent while in fact they were pri'sent and concealed 
by the prosecution. 

Infra. Sec. 852. 

56. In cases however where the verdict has been obtained by 
fraud of the defendant, such for instance as the collusive or 
forcible keeping back witnesses for the prosecution, or the sub- 
mitting of the case by trick without evidence, the verdict may 
be treated as a nulity. 

Infra. Sec. 786. 

57. Where the complaint was made to a justice by a person em- 
ployed to do so, by the defendant, and the warrant was served 
and witness subpoenaed by the defendants direction, and, an at- 
torney retained and paid by him, to appear on the part of the State 
and the circumstances of the case, were so represented to the 
justice that he imposed a lighter fine, than he otherwise would 
have done, the case was held open to another trial. 

State V. Little, 1 N. H. 257. 
Com. V. Jackson, 2 Va. Cas. 501. 

58. Of course, there is, in what has been said, no reference 
to a verdict of acquittal, obtained in a sham prosecution, in- 
stigated by the defendant himself and managed by him, with a 
view of forestalling, on the ground of such acquittal, a bona fide 
prosecution by the State. 

Smith V. Pfluger, 10 Dist. Repts. 717-718. 

59. It has been many times decided and may be regarded as 
settled law, that if one procures himself to be prosecuted for an 
offense he has committed thinking to get off with slight punish- 
ment, or none, and to thus bar a prosecution in good faith, by the 
State, for the same off'ense, if the proceedings in reality, managed 
by himself, either directly, or through the agency of another, and 
the State while a party in name, is not so in fact, and had no 
actual agency in the matter, the judgment thus procured is void 
and affords no protection. 

Shindler v. State, Indiana Supreme Court, Oct. 1891. 
Crim. liaw Magazine, Vol. 14, 204. 



GAME, FISH AND FORESTRY LAWS. 235 

60. While the judgment in such cases as those before cited 
are fraudulently procured and are frequently said to be void be- 
cause of fraud practiced, it is apparent, that a better reason for 
holding them void and not binding upon the State, is, that the 
State is not a party to them. 

The State can no more be bound by a judgment to which it is 
not a party than can a citizen of the State. Never having been & 
party to it, or having any notice, or knowledge of the proceedings, 
it may be treated as a nulity. * * * » Jq speaking of such 
cases. Bishop well says. He, (the defendant) is, while holding 
his fate in his own hands, in no jeopardy. The plaintiif is ao 
party in fact, but only such in name, the judge is imposed upon, 
indeed, in point of law, adjudicates nothing. All is a mere puppet 
show and every wire, moved by the defendant himself. 

1st Bishop Grim. Law, Sec. 1010. 

10 Dist. R. 717. 

HORNS ON A DEER. 

61. In a prosecution for illegally killing a deer, it is no de- 
fense that the respondent was ignorant of the fact that the animal 
was without horns. 

Vermont Reports ;* No. 75, Vol. II, Page 438, 1903. 

62. In a prosecution for killing a deer not "having horns" m 
violation of No. 94, Acts of 1896, when it is undisputed that the 
deer had horns, only to the extent of bunches which did not pro- 
trude through the skin, whether these bunches were "horns" 
within the meaning of the statute, is a question of law for the 
court to rule upon, and not a question of fact for the consideration 
of the jury. 

A deer which has no horns protruding through the skin, so 
that they can be seen to be horns, is not a deer "having horns" 
within the meaning of No. 94, Acts 1896. 

Vermont Reports; No. 77, Vol. II, Page, 175. 

RIGHT OF CONSTABLE TO REWARD. 

1. Constables are entitled to the rewards for securing con- 
victions for violation of game, fish or forestry laws, as fixed by 
act of March 22, 1899. 

A. C. Lee, Con.st. v. County of Wayne. 
Deputy Game Protectors are not entitled to the reward of §10, 
given Constables under the provision of the Act of March 22nd, 
1899. 

H. H. Almes v. India na Co 45 Pa. Sup'erior Ct. 137. 



236 GAME, FISH AND FORESTRY LAWS. 

BOUNTY. 

Counties are compelled to pay bounties on wild cats, foxes, 
minks and weasels, killed in this State, the claim for such 
bounty being presented to the County Commissioners, under the 
provisions of the act of April 10th, 1907, P. L. 60. 

Brink v. Marsh, Advanced Sheets, Legal Intelligencer, June 
27th, 1913. 



GAME, FISH AND FORESTRY LAWS. 



23/ 



DIVISION III. 

ACTS OF ASSI5MBLY RELATING TO FORESTS 
AND FORESTRY. 



Title VIII. Offenses against real property, and i860. P. l. 
Malicious mischief. '*!''• 

Section 153. If any person shall knowingly and 
maliciously cut, fell, alter or remove any certain 
bounded tree, or other allowed land mark, to the 
wrong of his neighbor, or any other person, he shall 
be guilty of a misdemeanor, and on conviction, bp 
sentenced to pay a fine not exceeding five hundr«^(j 
dollars, and to undergo an impisonment not exceed- 
ing one year. 

Approved— March 31st, A. D. 1860. 

WM. F. PACKER. 

A division fence existing: for more than twenty-one years 
cannot be removed hj one adjoining owner without the consent 
of the other. Stoner v. Hunsicker, 47 Pa., 514. 



AN ACT 



To prevent tenants in common of timber lands from 1S69, 
cutting or removing trees without the consent of all I25i. 
of their co-tenants. 



P. L. 



Section 1. Be it enacted, &c.. That from and 
after this date it shall be unlawful for any owner 
or owners of any undivided interests in timber land 
within this Commonwealth, to cut or to remove, or 
to cause to be cut or removed, from the said land, any 
timber trees, without first obtaining the written con- 
sent of all co-tenants in said premises. 

Section 2. That no sale of any timber, cut or re- 
moved from such undivided lands, before or without 
such consent, shall pass any title thereto; and the 
parties injured shall have every remedy in law and 



Tenants in 
common pro- 
hibited from 
cutting or 
removing 
timber with- 
out consent 
of co-tenant. 

Sales of tim- 
ber thus cut 
or removed 
not to pass 
title thereto. 



238 



GAME, FISH AND FORESTRY LAWS. 



Remedies 
for recovery 
of timber 
and dam- 
ages. 



Parties In 
Interest au- 
thorized to 
8ue out 
writs of 
estrepe- 
ment. 

Writs, how 
obtained. 



equity for the recovery of the said timber trees, and 
of all square timber, boards, lumber, ties, shingles 
and other articles, whatsoever manufactured there- 
from ; and also for the recovery of damages for the 
cutting or removing of the same, which they now 
have against an entire stranger to the title. 
Bush V. Gamble, 137 Pa. 43. 

Section 3. Upon the violation of the provisions of 
the first section of this act, it shall be lawful for any 
of the parties in interest to sue out a writ of estrepe- 
ment, to prevent any further cutting thereon, or the 
removal of any timber then already cut, or both ; 
which said writ shall be of force until the interests ff 
the parties shall be set out in severalty, or the writs 
dissolved by the court, or the action or partition in 
reference to said land finally ended ; and the said writ 
of estrepement shall be obtained by affidavit, and al- 
lowed in the same manner and with Ikie proceedings 
as to its service and dissolution as are now by law al- 
lowed and authorized in cases of estrepement issued 
pending actions of ejectment for real estate. 

Approved— May 4th, A. D. 1869. 

JOHN W. GEARY. 



AN ACT 



1883. P. L. 
112. 



Requiring the several assessors of this Common- 
wealth to make return of timber lands. 



Timber 
lands to be 
separately 



Section 1. Be it enacted, &c., That it shall be thf 
duty of the several assessors of this Commonwenlth, 
in their return of real estate to the commissioners 
of the proper county, at the next triennial assessment, 
and at each triennial assessment there after, to make 
return of all the timber laud in their proper district 
^y specifying in separate columns, how many acres 
each tract contains of cleared land, and how many 
in timber. 

Approved— The 13th day of June, A. D. 1883. 
ROBERT E. PATTISON 



GAME, FISH AND FORESTRY LAWS 



239 



AN ACT 



Providing for the recovery of damage to trees alone; i89i, 
the pui3lic highways, by telegraph, telephone and I'^o. 
electric light companies. 



Section 1. Be it enacted, &c.. That from and 
after the passage of this act, it shall be lawful when- 
ever any telegraph, telephone or electric light com- 
pany shall have erected its poles and lines along any 
turnpike, public road, street, lane, alley or highway 
in this Commonwealth, for the owner or owners of 
laud adjoining said turnpike or public road who may 
claim to be damaged by the erection or maintenance 
of said lines by reason of the cutting of trees, whether 
planted in the said turnpike, public road, street, lane, 
alley, or highway, or on enclosed or unenclosed land 
adjoining, the same, to petition the court of common 
pleas of the county in which said damage shall be 
alleged to have been committed, whereupon the said 
court shall appoint three impartial men, citizens of 
the county in which said damages shall be alleged, as 
viewers, who shall, after having being duly sworn 
or affirmed to the faithful performance of their duties, 
assess the damages done, if any, to the petitioner, 
and shall report the same to the court, at the first 
week of the next regular term thereof after the said 
appointment, which report shall, upon its presenta- 
tion as aforesaid, be confirmed nisi; and if no appeal 
be entered to the same on or before ten days from 
the Saturday of the week in which the same is pre- 
sented, it shall then be confirmed absolutely and judg- 
ment entered by the prothonotary of the said court 
upon the same against the said company. 

Section 2. The compensation of the viewers pro- 
vided for by the first section of this act shall be 
the same as is now provided for road viewers, and 
shall be paid by the defendant company, where dam- 
ages are awarded, otherwise by the petitioner: Pro- 
vided, That the provisions of this act shall not apply 
to the police patrol or fire department telegraph 
lines. 



Owner dam- 
aged may 
petition the 
court. 



Court shall 
appoint 
three 
viewers. 



Viewers 
report. 



When con- 
flrmation 
shall become 
absolute. 



Shall not 
apply to. 
police or fire 
department 
telegraph 
lines. 



240 



GAME, FISH AND FORESTRY LAWS 



Section 3. All laws in so far as they conflict with 
this act are hereby repealed. 
Approved— The 2d day of June, A. D. 1891. 

ROBERT E. PATTISON. 

Reese v. Ry. o. C. P. 2, J., 1902, 4127, Phila. Co., Garber 
V. Columbia Tel. Co., C. P. Lane. Co. Verdict for Plff., Dec. 
3, l'i02, for topping 103 locu-st trees. 

The wrongful cutting of ornamGutal trees is indictable under 
A.'t of June 8. 1S81, P. L. 82, which is not repealed by this Act. 
Comth V. Clark, 3 Pa. Sup. Ct., p. 141. 



1897, P. L. 



When act 
shall go 
into effect. 



Duties of 
county 
treasurers 
and commis- 
sioners. 
Public no- 
tice to be 
given in two 
newspapers. 
Contents of 
notice. 



Notices to 
be sent to 
Commis- 
sioner of 
Forestry. 



Duty of 
Commis- 
sioner of 
Forestry. 



AN ACT 

Authorizing the purchase by the Commonwealth of 
unseated lands for the non-payment of taxes for the 
purpose of created a State Forest Reservation. 

Section 1. Be it enacted, &c.. That from and after 
the first day of January, A. D. one thousand eight 
hundred and ninety-eight, whenever any unseated 
lands within this Commonwealth shall, under exist- 
ing laws, become liable to sale by the respective 
county treasurers or the county commissioners for non- 
payment of taxes, it shall be the duty of such treas- 
urers and commissioners to publish at least once a 
week for six successive weeks in at least two news- 
papers of general circulation within the county in 
which the said lands lie, and if two newspapers be 
not published in said county, then in one newspaper 
in or nearest to the same, which notice shall contain 
the names of the owners when known, the warrant 
numbers, names of warrantees when known, the num- 
ber of acres contained in each tract, the township in 
which the same is located, and the sums due upon 
each tract for taxes and further to mail to the Secre- 
tary of Agriculture and the Commissioner of Forestry 
each, ten copies of such printed advertisement im- 
mediately upon publication thereof. 

Section 2. It shall be the duty of the Commissioner 
of Forestry to inquire into and examine the location 
and character of unseated lands advertised by the re- 
spective county treasurers and the county commis- 
sioners of this Commonwealth for sale for the non- 
payment of taxes, and if in his judgment the same 
are so located and are of such a character as to make 
them desirable for the Commonwealth for the purpose 



GAME, FISH AND FORESTRY LAWS. 



241 



of creating and maintaining a Forestry Reservation, he 
shall have power at his discretion to purchase any 
such lands for and in behalf of the Commonwealth at 
such tax sales, subject to the right of redemption under 
existing laws: Provided however. That the bid made 
and the price paid for said lands, shall in no case 
exceed the amount of taxes for the non-payment of 
which the same are being sold, and the costs. For 
all purchases so made in behalf of the Commonwealth, 
the Auditor General shall draw his warrant upon 
the State Treasurer to the order of the county treas- 
urer, upon certificate filed by the Commissioner of 
Forestry with the said Auditor General: Provided 
further, That the Commissioner of Forestry skall 
have power to purchase unseated lands other than 
such as are advertised for sale for the non-payment 
of taxes, upon such terms and conditions as may be 
agreed upon with the owners of such lands: Pro- 
vided, That such purchase shall be approved by the 
Governor and the Board of Property, consisting of 
the Attorney General, Secretary of the Commonwealth 
and Secretary of Internal Affairs. And provided fur- 
ther. That in no case shall the price paid for such 
unseated land exceed the assessed value of the same. 
For all purchases so made in behalf of the Common- 
wealth the Auditor General shall draw his warrant 
upon the State Treasurer to the order of the grantor, 
upon certificate filed by the Commissioner of Forestry, 
with approval as aforesaid: Provided, That in no 
case shall the amount paid for any tract of land 
purchased under the provisions of this act exceed 
the sum of five dollars per acre.* 

Section 3. In the event of redemption of said lands, 
the redemption money paid shall be remitted to the 
State Treasurer by the county treasurer with a state- 
ment describins: the tract of land so redeemed. 

Section 4. The title to all lands so purchased, and 
not redeemed after the expiration of the time limited 
for the redemption, shall be taken as vested in the 
Commonwealth to the same extent, and with like 
effect as though such purchase had been made by 
an individual at such sale, and the county treasurer 
shall certify to the Secretary of Agriculture (Com- 
missioner of Forestry) lists of all lands purchased in 
behalf of the Commonwealth and not redeemed within 



May pur- 
chase lands 
for Com- 
monwealth, 

Proviso. 



How pay- 
ment shall 
be made. 



^Sec. 2, as amended by Act of April 28, 
16 



P. L. 



Redemp- 
tion of. 



Title shall 
be vested in 
Commen- 
wealth. 

County 
treasurers 
shall certify 
to Cemais- 
si©«er of 
Forestry 
lists of 
lands not 
redeemed. 



242 



GAME, FISH AND FORESTRY LAWS. 



Such lands 
not subject 
to further 
taxation. 

Record of 
lands to be 
kept. 

Contents of 
record. 



Lands shall 
be under 
control of 
Department 
of Forestry. 



Purpose. 
Repeal. 



the time limited for such redemption, with a descrii)- 
tion of each tract as required by section one of this 
act, and thereafter such lands shall not be subject to 
further taxation while the same are owned by the 
Commonwealth. It shall be the duty of the Secretary 
of Agriculture (Commissioner of Forestry) to keep a 
record in a book, to be especially provided for that 
purpose, of all the lauds so acquired by the Common- 
wealth, \vith full description of each tract, the char- 
acter of the same, the date of purchase, the price 
paid, when the title became absolute, or if redeemed, 
the date of redemption. 

Section 5. The lands so acquired by the Common- 
wealth shall be under the control and management 
of the Department of Agriculture, but assigned to the 
care of the Division of Forestry, (Department of 
Forestry) and shall. become part of a forestry reser- 
vation system, having in view the preservation of 
the water supply at the sources of the rivers of the 
State, for the protection of the people of the Com- 
monwealth and their property from destructive floods. 

Section 6. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 30th day of March, A. D. 1897. 
DANIEL H. HASTINGS. 



(The above Act, by reason of the abolishment of the Division 
of Forestry in the Department of Agriculture, and the creation 
of the Department of Forestry by Act of 25th February, 1901. 
has Leen changed in its application. 



189/ 
29. 



Duty of 
constables. 



AN ACT 

To authorize constables and other peace officers, with- 
^* out first procuring a warrant, to arrest persons rea- 
sonably suspected by them of offending against the 
laws protecting timber lands. 

Section 1. Be it enacted, &c.. That if any person 
or persons shall be detected by any constable or 
other peace officer, in the act of trespassing upon any 
forest or timber land wathin this Commonwealth, 
under such circumstances as to warrant the reason- 
able suspicion that such person or persons have com- 
mitted, are committing, or are about to commit, some 
offense or offenses against any of the laws now enacted 



GAME, FISH AND FORESTRY LAWS 



243 



or hereafter to be enacted for the protection of forests 
and timber land, such constable or peace officer shall 
have authority at once, without first procurin,2: a war- 
rant therefor, to arrest on view such person or per- 
sons, with like effect as though such warrant had first 
been procured. 

Section 2. That ail acts or parts of acts incon- 
sistent herewith be and the same are hereby repealed. 

Approved— The 29th day of April, A. D. 1897. 

DANIEL H. HASTINGS. 



May -T-rest 

withou. 

warraiit, 



llepeal. 



AN ACT 

To amend the first section of an act, entitled "An 
act to protect timber lands from fire," approved the 
second day of June, A. D. 1870, providing: for a 
penalty in case of the failure of county commis- 
sioners to comply with the terms of said act, after 
demand made upon them by the Commissioner of 
Forestry, and providing for the Commonwealth bear- 
ing part of the expenses incurred under said act. 

Section 1. Be it enacted, &c.. That the first sec- 
tion of the act, entitled "An act to protect timber 
lands from fire," approved the 2d day of June, A. D. 
1870, which reads as follows: 

"Section 1. That it shall be the duty ot the com- 
missioners of the several counties of this Common- 
wealth to appoint persons under oath, whose duty 
if shall be to ferret out and bring to punishment all 
persotis who either wilfully or otherwise cause th* 
burning of timber lands, and to take measures to 
have such fires extinguished where it can be done 
the expense thereof to be paid out of the county treas- 
ury,, the unseated laud tax to be the first applied to 
such expenses," shall be and the same is hereby 
amended to read as follows: 

Section 1. That it shall be the duty of the com- 
missioners of the several counties of this Common- 
wealth to appoint persons, under oath, whose duty 
it shall be to ferret out and bring to punishment all 
persons or corporations who either wilfully or other- 
wise cause the burning of timber lands within the 
respective counties, and to take measures to have such 
6rea extinguished where it can be done : and on faUur"* 



1897, P. L, 
295. 



Section 1, 
act of June 
2, 1870, 
cited lor 
amendiDPGt 



County com- 
missioners 
shall appoint 
persons to 
institute 
proceed- 
ings, and 
extinguish 
fires. 



244 



GAME, FISH AND FORESTRY LAWS 



Commis- 
sioners fail- 
ing to com- 
ply shall be 
guilty of a 
misde- 
meanor. 

Penalty. 

How ex- 
penses after 
January 1, 
1898, shall 
be paid. 



Itemized 
statement 
shall be fur- 
nished Aud- 
itor General 



of the commissioners of any county, after demand 
made upon them by the Commissioner of Forestry of 
this Commonwealth, to comply with this provision, 
they shall be deemed guilty of a misdemeanor in office, 
and upon conviction thereof shall be fined in a sum 
not exceeding one hundred dollars, or suffer an im- 
prisonment not exceeding two years or both, at the 
discretion of the court. The expenses incurred in the 
employment of the persons contemplated by this act, 
on and after the first day of January, A. D. 1898, 
shall be paid, one-half out of the treasury of the re- 
spective county, and the remaining half of said ex- 
pense shall be paid by the State Treasurer upon war- 
rant from the Auditor General; but no such warrant 
shall be drawn until the commissioners of the proper 
county shall have first furnished, under oath or af- 
firmation, to the Auditor General, a written itemized 
statement of such expense, and until the same is 
approved by the Auditor General: Provided, That in 
no case shall the expense to the Commonwealth grow- 
ing out of this act exceed five hundred dollars for a 
single county in any one year. 
Approved— The 15th day of July, A. D. 1897. 

DANIEL H. HASTINGS. 

Act construed, A. G. O., 9 D. R., 537. See also 
A. G. O., 4 D. R., 670. 



AN ACT 



1901, 
11. 



P. L. 



Department 
of Forestry 
established. 

How con- 
stituted. 

Appointed 
by the 
Governor. 



To establish a Department of Forestry, to provide 
for its proper administration, to regulate the ac- 
quisition of land for the Commonwealth and to pro- 
vide for the control, protection and maintenance 
of Forestry Reservations by the Department of 
Forestry . 

Section 1. Be it enacted, &c.. That there be and 
is hereby established a Department of Forestry, to 
consist of the Commissioner of Forestry and four 
other citizens of the Commonwealth, who together 
shall constitute the State Forestry Reservation Com- 
mission ; each of whom shall be appointed and com- 
missioned by the Governor, by and with the advice 
and consent of the Senate ; the Commissioner of 



GAME, FISH AND FORESTRY LAWS. 



245 



Forestry for a term of four years, two of the said 
citizens for a term of two years; aud two of said citi- 
zens for a term of four years ; and thereafter all ap- 
pointments shall be made by the Governor, by and 
with the advice and consent of the Senate, for a term 
of four years. The persons so appointed, before enter- 
ing upon the discharge of their duties shall each take 
and subscribe to the oath of office prescribed by article 
seven of the Constitution of Pennsylvania. The Com- 
missioner of Forestry and the Forestry Reservation 
Commission, so appointed, shall be clothed with all 
the powers heretofore conferred by law respectively 
upon the Commissioner of Forestry and the Forestry 
Reservation Commission, so far as the same are con- 
sistent with the provisions of this act, and in ad- 
dition shall have full power, by and with the consent 
of the Governor, to purchase any suitable lauds in 
any county of the Commonwealth that in the judg- 
ment of said Commission the State should possess 
for forest preservation: Provided, That in no case 
shall the amount paid for any tract of land, pur- 
chased under the provisions of this act, exceed the 
sum of five dollars per acre. Said commission shall 
also have full power to manage and control all the 
lands which it may purchase under the provisions 
of this act, as well as those that have heretofore been 
purchased and which are now owned by the State 
under existing laws.* Said Commission is also em- 
powered to establish such rules and regulations with 
reference to control, management and protection of 
forestry reservations, and all lands that may be ac- 
quired under the provisions of this act, as in its 
judgment will conserve the interests of the Common- 
wealth, and wherever it shall appear that the wel- 
fare of the Commonwealth, with reference to refores- 
tation and the betterment of State Reservations, will 
be advanced by selling or disposing of any of the 
timber on forestry lands, f the Commission is hereby 



Members to 
be sworn. 



Powers of 
the commis- 
sion. 



Purchase of 
laud. 



Control of 
lauds. 



♦For legislative intention and construction of this Act, eee 
9 D. R. 95. 

tThe privilege of using the waters on the forest reserves may 
be granted for private purposes. This power is fairly Implied 
from the provisions of the Act. A. G. 0., 10 D. K., 376; but 
see contra, A. G. O., 13 D. R., 331. 

For construction of this section see Com. t, LaBar. 32 Sup. 
Ct., 228, holding that a Justice of the peace has hereunder 
no power of summary conviction. Also defines the legal mean- 
ing of timber. 



246 



GAME, FISH AND FORESTRY LAWS. 



May sell 
timber or 
lease min- 
eral rights. 



Proviso. 



Publications 
in news- 
papers. 



Proviso. 



One-half net 
revenue to 
be paid to 
township. 



Proviso. 



Commis- 
sioner of 
Forestry to 
be President 
of Coinmis- 
Bion, etc. 



empowered to sell such timber on terms most advan- 
tageous to the State ; and said Commission is hereby 
empowered to make and execute contracts or leases, 
in the name of the Commonwealth, for the mining or 
removal of any valuable minerals that may be found 
in said forestry reservations, whenever it shall appear 
to the satisfaction of the Commission that it would 
be for the best interest of the State to make such 
disposition of said minerals; and provided. That such 
contracts or leases shall also be a^-proved by the Gov- 
ernor of the Commonwealth after the proposed said 
contracts or leases shall have been duly advertised in 
at least three newspapers published nearest the reser- 
vation designated, for one month, in advance of said 
contract or lease, and the contracts or leases shall 
be awarded to the highest bidder and he or they shall 
have given such bond as the commission shall 
designate for the performance of his or their part of 
the contract, and the said bond shall have been ap- 
proved by the court of the county wherein the con- 
tracts or leases are made: Provided, however. That 
when, by virtue of leases or contracts for removal 
of minerals and sale of timber from any lands pur- 
chased by the State for Forestry Reservations, there 
c;>mes a net revenue to the State, one-half of said 
net revenue derived from lands suituated in any town- 
ship shall be paid by the State Treasurer to the 
treasurer of such township for application to town- 
ship purposes and reduction of local tax levies in such 
township: Provided, That there shall not be paid to 
any one township, during any year more than twice 
the amount of taxes thatwould be received by suf!i 
township from said lands if they were owned by in- 
dividuals. J 

Section 2. (Supplied by Act of May 5, 1911, P. L. 
, which see infra p. 257.) 

Section 3. That the Commissioner of Forestry shall 
be the president and executive officer of the Forestry 
Reservation Commission, and also Superintendent of 
the State Forestry Reservations, and shall have im- 
mediate control and management, under the direction 
of the Forestry Reservation Commission, of all forest 
I'.nds already acquired or which may hereafter be ac- 
quired by the Commonwealth, but the power 

l"GanlBt<»r roclc" is a valuable mineral" within the mean- 
ing of this section and can only be disposed of after com 
pliance with the terms of the Act, A. G. O., 12 D. R.. 420. 



GAME, FISH AND FORESTRY LAWS 



247 



so conferred upon said Commissioner of For- 
estry shall not extend to the enforcement of 
of the laws relating to public health or the 
protection of fish and game. It shall be the duty of 
the Commissioner of Forestry to encourage and pro- 
mote the development of forestry, and to obtain and 
publish information respecting the extent and con- 
dition of forest lands in the State, and to execute all 
rules and regulations adopted by the Forestry Reser- 
vation Commission for the enforcement of all laws 
designated for the protection of forests from fire and 
depredation ; and he is hereby empowered to employ 
such detective service and such legal or other ser- 
vices as may be necessary for the protection of the 
forestry reservations owned by the Commonwealth and 
for the apprehension and punishment of persons who 
may violate any of the foi'estry reservation laws or 
any of the rules and regulations, which, under the 
powers herein given, may be adopted by the Forestry 
Reservation Commission: Provided, That the services 
so employed and the expenses that may thereby be 
incurred shall be approved by said Forestry Reserva- 
tion Commission and the Governor of the Common- 
wealth . 

Section 4. The Commissioner of Forestry shall re- 
ceive a salary of three thousand dollars per annum, 
and in addition thereto shall be reimbursed for all 
necessary expenses of travel which may be incurred 
in the discharge of the duties of his office ; and the 
other members of the Forestry Reservation Commis- 
sion shall serve without salary, but shall be reim- 
bursed for all necessary expenses incurred by them 
in the performance of the duties of their office. 

Section 5. The Commissioner of Forestry shall have 
an ofiice at the State Capitol, and it shall be the 
duty of the Board of Commissioners of Public Grounds 
and Buildings to provide, from time to time, the 
necessary rooms, furniture, apparatus and supplies 
for the use of the Department of Forestry created 
under the provisions of this act. 

Section 6. All moneys appropriated by the General 
Assembly in the general appropriation act of 1899 for 
the Division of Forestry of the State Department of 
Agriculture, as for salaries or contingent fund, which 
may remain unexpended at the time of the approval 
of this act, shall be transferred to and be vested in 
the Department of Forestry, hereby created; and the 



Duties of 
Commis- 
sioner. 



May employ 
detectives. 



Proviso. 



Salary of 
the Commis- 
sioner. 

Traveling 
expenses of. 

Expenses of 
other mem- 
bers. 

OflBce to 
be provided 
and fur- 
nislied. 



Transfer of 
imexpended 
appropria- 
tion. 



248 



GAME, FISH AND FORESTRY LAWS, 



Clerk of 
Commis- 
sioner. 

Salary of. 



Purchase 
monej for 
lands; how 
to be paid. 



Title of 
lands ac- 
quired to be 
in Common- 
wealth. 



Lands not to 
be subject 
to warrant, 
survey and 
patent, and 
to be 

exempt from 
taxation. 



May expend 
money for 
public roads. 



Expenses 
subject to 
approval. 



clerk of the Commissioner of Forestry, hitherto ap- 
pointed under the law creating the Department of 
Agriculture, shall be transferred from the Department 
of Agriculture to the Department of Forestry, on the 
same salary that he now receives. 

Section 7. The purchase money for lauds acquired 
and all expenses that may be incurred, except the 
salaries of the Commissioner of Forestry and his 
clerk, shall be paid by the State Treasury out of 
any moneys in the Treasury not otherwise appropri- 
ated, on warrant of the Auditor General, upon vou- 
chers duly approved by resolution of the Forestry 
Reservation Commission and the Governor of the Com- 
monwealth . 

Section 8. The title* of all lands acquired by the 
Commonwealth for forestry reservations shall be taken 
in the name of the Commonwealth and shall be held 
by the Commissioner of Forestry, and such lands shall 
not be subject to warrant, survey or patent, under 
the laws of the Commonwealth authorizing the con- 
veyance of vacant or unappropriated lands, and all 
such forestry reservation lands shall be exempt from 
taxation from the time of their acquisition. In all 
cases where lands have been purchased, or may here- 
after be purchased by the Forestry Reservation Com- 
mission for forest reservations, where there are pub- 
lic roads, regularly established, running into or 
through said land, the Commissioner of Forestry, 
under such rules and regulations as the Forestry 
Reservation Commission is hereby authorized to adopt, 
may expend a sum not exceeding twenty-five dollars 
per mile in each year for the maintenance, repair or 
extension of any such roads, and on roads bordering 
on reservations one-half of this rate per mile may be 
expended. All expenses that may thus be incurred 
shall be subject to the approval of the Forestry Reser- 
vation Commission and the Governor of the Common- 
wealth, and shall be paid in the same manner as 
other expenses are provided for in this act. 

Since the passage of the Act of April 5, 1905, P. L. 111. 
making a fixed charge of 2 cents per acre for road purposes 
against State lands held for forest reserves, the above privi- 
lege under Sec. 8 has not been exercised by this Commission. 

Tax exemption removed by Act of 1905. 



•For a discussion of the Commonwealth's title and the doc- 
trines of estoppel as applied to the State, see Com. v. Bierly, 
37 Sup. Ct. Rep. p. 496. 



GAME, FISH AND FORESTRY LAWS. 



Section 9. The Commissioner of Forestry shall re- 
ceive the moneys to which the State may be entitled 
by virtue of the sale of any timber, or by virtue of 
any leases or contracts relating to the disposition^ of 
minerals, as hereinbefore provided, and he shall im- 
mediately pay the same over to the State Treasurer 
as a part of the revenue of the Commonwealth. The 
said Commissioner of Forestry shall give his bond to 
the Commonwealth, with two sureties, to be approved 
by the Governor, in the sum of ten thousand dollars, 
for the faithful discharge of the duties imposed by this 
act and for the proper accounting of any moneys to the 
Commonwealth that may come into the hands by vir- 
tue of his position as Commissioner of Forestry. 

Section 10. That all acts or parts of acts incon- 
sistent with the provisions of this act be and the same 
are hereby repealed. 

Approved— The 2.5th day of February, A. D. 1901. 
WILLIAM A. STONE. 



Disposition 
of money 
received. 



Commis- 
sioner of 
Forestry 
shall give 
bond of 
?10,000. 



Repeal. 



AN ACT 



For the better protection of timber lands against fire, 
and providing for the expenses of the same, and jgoi, 
directing what shall be done with the fines collected ii9.' 
and costs paid. 

Section 1. Be it enacted, &c., That when the com- 
missioners of any county or counties fail to "appoint 
persons under oath, whose duty it shall be to ferret 
out and bring to punishment all persons or corpora- 
tions who either wilfully or otherwise cause the burn- 
ing of timber lands," within their respective counties, 
as is provided for by the act of July 15th, 1897, or 
when they have appointed inefficient persons to do 
the work aforesaid ; the Commissioner of Forestry 
may, on the request of residents of a county in which 
such fires have been created, or on the request of 
the owner or owners of land which has been injured 
by the fires so created, appoint a detective or detec- 
tives, and employ an attorney or attorneys, to ferret 
out and bring to punishment, as aforesaid, those who 
cause the burning of timber lands ; and all expenses 
incurred by the Commissioner of Forestry under the 
operation of this act shall be paid by the State Treas- 



Wben the 
Commis- 
sioner of 
Forestry 
may appoint 
detectives 
and employ 
attorneys. 



Expenses 
incurred. 



250 



GAME, FISH AND FORESTRY LAWS. 



Fines 
collected. 



When pay- 
ment to 
county com- 
missioners 
may be re- 
fused. 



urer, on warrant drawn by the Auditor General, if 
the said bills shall be approved by the Governor and 
the Commissioner of Forestry ; and all the fines col- 
lected shall be paid by the magistrate or by order of 
the court to the Commissioner of Forestry, and be 
paid by him to the Treasurer of the Commonwealth. 

Section 2. When conviction is obtained, under the 
provisions of this act, of persons or corporations caus- 
ing the burning of timber lands, then the Auditor 
General, on the request of the Commissioner of 
Forestry, may refuse to pay the State's share of the 
money due to the county for the services of the per- 
son or persons, appointed by the county commis- 
sioners, to ferret out and bring to punishment those 
who caused forest fires in the districts where such 
persons served as fire detectives, to make arrests and 
secure convictions, and for which conviction was ob- 
tained by the detectives appointed by the Commis- 
sioner of Forestry. 

Approved— The 2d day of May, A. D. 1901. 

WILLIAM A. STONE 



AN ACT 



1901 P. 
5()9. 



Authorizing boroughs of this Commonwealth to re- 
^^- quire the planting of shade-trees along the public 

streets thereof, by the owners of abutting property, 
in certain cases. 



Boroughs 
may require 
tlie planting 
of shade 
trees by 
abutting 
owners. 



Section 1. Be it enacted, &c.. That the burgess 
and council of any borough of this Commonwealth, 
upon the petition of a majority of the property owners 
upon any public street thereof, may by ordinance re- 
quire the planting and replanting of suitable shade- 
trees along and upon either side of any such street, 
upon such alignment and at such points as may by 
such ordinance be designated, by the owner or owners 
of property abutting the street at the points de.«ig- 
nated ; and on failure of any such owner or owners 
after reasonable notice to comply with the terms of 
any such ordinances, the said authorities mny cause 
such trees to be planted or replanted at the expense 
of the borough; and thereupon, in the name of the 
borough, collect such expense from the owner or 



GAME. FISH AND FORESTRY LAWS. 251 

owners in default, as debts of like amount are by 
law collectable: Provided, That the said authorities 
shall not require the planting or replanting of trees 
at any point or points which may interfere with the 
necessary or reasonable use of any street or abutting 
property, or interfere unreasonably with any business 
thereon conducted. 
Approved— The 17th day of June, A. D. 1901. 

WILLIAM A. STONE. 



1901, P. L. 
610. 



AN ACT 

To encourage the planting of trees along the roadsides 
of this Commonwealth, and providing a penalty for 
killing, removing or injuring the same; what dis- 
position is to be made of moneys collected as penal- 
ties, and for keeping a record by the supervisor of 
roads or boards of supervisors of roads of the trees 
so planted and upon which a tax abatement has been 
granted. - 

NOTE.— With the possible exception of a portion of section 
5, this act is rendered inoperative by the decision in Tubbe 
T. Tioga, 32 C. C. 504, and subsequent legislation. See page 
hereafter. 



Section 5. Any person who shall cut down, kill 
or Injure any living tree, planted or growing natur- 
ally as aforesaid, (that is, by the roadside), or who 
negligently or carelessly suffers a horse or other do- Negli- 
mestic animal, driven by or for him, to injure any gence, ei 
trees hereinbefore mentioned, upon conviction thereof 
shall be subject to a penalty of not less than one dol- 
lar, nor more than five dollars, with costs of suit, 
for each and every tree so cut down, killed, removed 
or injured: Provided, That if the defendant or de- Proviso, 
fendants neglect or refuse to pay at once the penalty 
so imposed and costs, or shall not enter sufficient bail 
for the payment of the same within ten days, he or ' °*'' 
they shall be committed to the common jail of the Penalty, 
county in which the offense was committed, for a 



252 



GAME, FISH AND FORESTRY LAWS, 



period of not less than one day for each dollar of 

penalty imposed and costs. 



Approved— The 2d day of July, A. D. 1901. 

WILLIAM A. STONE. 



1903, P. L. 
24. 



Employes of 
Commis- 
sioner of 
Forestry. 



Powers 
vested in. 



Forest and 
timber land. 



State For- 
estry Reser- 
vation. 



AN ACT 

Conferring upon persons employed, under existing 
laws, by the Commissioner of Forestry, for the pro- 
tecting of State Forestry Reservations, after tak- 
ing the proper oath of oflice, the same powers as 
are by law conferred upon constables and other 
peace officers; to arrest, without first procuring a 
warrant, persons reasonably suspected by them of 
offending against the laws protecting timber lands; 
also conferring upon them similar powers for the 
enforcement of the laws and rules and regulations 
for the protection of the State Forestry Reserva- 
tions, and for the protection of the game and fish 
contained therein; and further, conferring upon 
them power to convey said offenders into the proper 
legal custody, for punishment; this act to apply 
only to offenses committed upon said reservations 
and lands adjacent thereto. 

Section 1. Be it enacted, &c., That the persons 
employed, under existing laws, by the Commissioner 
of Forestry, for the protection of State Forestry Res- 
ervations, shall, after taking the proper ofiicial oath 
before the clerk of the court of quarter sessions of any 
county of the Commonwealth, be vested with the same 
powers as are by existing laws conferred upon con- 
stables and other peace officers; to arrest on view, 
without first procuring a warrant therefor, persons 
detected by them in the act of trespassing upon any 
forest or timber land within this Commonwealth, 
under such circumstances as to warrant the reason- 
able suspicion that such person or persons have com- 
mitted, are committing, or are about to commit, some 
offense or offenses against any of the laws now enacted 
or hereafter to be enacted for the protection of forests 
and timber lands. Such officers shall likewise be 
vested with similar powers of arrest, in the case of 



GAME, FISH AND FORESTRY LAWS. 



253 



offenses against the laws or the rules and regulations 
enacted or to be enacted for the protection of the 
State Forestry Reservation,* or for the protection of 
the fish and game contained therein: Provided, That 
the above mentioned rules and regulations shall have 
been previously conspicuously posted upon the reser- 
vation. Said officers shall further be empowered, and 
it shall be their duty immediately upon any such ar- 
rest, to take and convey the offender or offenders be- 
fore a justice of the peace or other magistrate having 
jurisdiction, for hearing and trial, or other due pro- 
cess of law: Provided, further. That this act shall 
extend only to the case of offenses committed upon 
said Forestry Reservations and lauds adjacent there- 
to ; and the powers herein conferred upon said offi- 
cers shall not be exercised beyond the limits thereof, 
except where necessary for the purpose of pursuing 
and arresting such offenders, or of conveying them 
into the proper legal custody, for punishment, as 
aforesaid. 

Section 2. All acts or parts of acts inconsistent 
herewith be and the same are hereby repealed. 

Approved— The 11th day of March, A. D. 1903. 
SAML. W. PENNYPAGKER. 



Proviso. 



Limitation.. 



Eepeal. 



AN ACT 



To empower the Commissioner of Forestry and the 
Forestry Reservation Commission to give street rail- 
way companies the privilege to construct, maintain 
and operate their lines of railway over, along and 
upon public highways within or bordering on forest 
reservations owned by the Commonwealth. 

Section 1. Be it enacted, &c.. That the Commis- 
sioner of Forestry and the Forestry Reservation Com- 
mission are hereby authorized and empowered to give 
to street railway companies, duly incorporated under 
the laws of this Commonwealth, upon such terms and 
subject to such restrictions and regulations as said 
Commissioner and Commission may deem proper, the 

A forest officer is not liable to inrlirtment and ounishment 
under the Act of April 24, 1903, P. L. 296, for killin? a dog, 
when done in the course of duty and upon probable cause. 

Com, V. Frederick, 27 Pa. Sup. Ct. 228. 



1903, P. L. 

200. 



Commis- 
sioner of 
Forestry and 
the Forestry 
Reservation 
Commission, 
em lowered 
to give cer- 
tain privi- 
leges to 
street rail- 
way com- 
panies. 



254 



GAME, FISH AND FORESTRY LAWS 



Highways 
bordering on 
or within 
forest reser- 
vations. 



privilege to construct, maintain and operate their 
lines of railway over, along and upon public high- 
ways, now laid out and in actual use, which lie within 
or border on any forest reservations now owned or 
hereafter to be acquired by the Commonwealth, when- 
ever in the judgment of the said Commissioner and 
Commission the interests of the Commonwealth in the 
said reservations shall be benefited thereby. 
Approved— The 15th day of April, A. D. 1903. 
SAML. W. PENNYPACKER 



AN ACT 

1903, P. L. To limit the amount of money expended each year 
201.' by the State Forestry Reservation Commission in 

the purchase of lands for the Commonwealth. 

Section 1 Be it enacted, &c., That from and after 
the passage of this act, the amount of money ex- 
pended by the State Forestry Reservation Com- 
mission for the purchase of lands in any one fiscal 
year, shall not exceed the sum of three hundred 
thousand dollars: Provided, That contracts here- 
tofore made for the purchase of land by the State 
Forestry Reservation Commission shall not be af- 
fected by this act. All proceeds derived from the 
lands purchased by the said Commission shall be 
paid into the State Treasury, and shall be held as 
a special fund, and shall be paid by the State 
Treasurer to the said Commission, from time to 
time, upon warrants drawn by the Commissioner 
of Forestry and countersigned by the Auditor Gen- 
eral, for the purpose of assisting in defraying the 
necessary expenses of protecting and improving the 
said lands, or for the purchase of additional land. 
Repeal. Section 2. All acts or parts of acts inconsistent 

herewith are herebv repealed. 
Approved—The 15th day of April, A. D. 1903. 
SAML. W. PENNYPACKER 



Forestry 
Reservation 
Commission. 
Limiting 
amount of 
money to h' 
expended 
by, an- 
nually. 



Special 
fund. 



Expenditure 
of 



/ 

GAME, FISH AND FORESTRY LAWS. 2i 

AN ACT 

Directing the Commissioner of Forestry to erect 
buildings on the Mont Alto Reservation or to 
purchase land and buildings adjaceat to the said i-^os, p. l. 
reservation, wherein to provide instruction in for- sts. 
estry, to prepare forest wardens for the proper care 
of the State Forestry Reservation lauds and making 
an appropriation therefor. 

Section 1. Be it enacted, &c.. That the Commis- Appropria- 
sioner of Forestry is hereby directed, under the *^'°"- 
advice of the State Forestry Reservation Commis- 
sion, to purchase suitable buildings and land ad- 
jacent to the Mont Alto State Forestry Reservation 
or to erect buildings on said Reservation, at a cost 
not to exceed six thousand dollars, and to establish 
and provide therein and on said Reservation practical 
instruction in forestry, to prepare forest wardens 
for the proper care of the State Forestry Reservation 
lands ; the said instruction not to cost a sum exceed- 
ing ten thousand dollars, for the two fiscal years 
ending June first, one thousand nine hundred' and 
five; and the sum of sixteen thousand dollars, or so 
much thereof as may be necessary, is hereby appro- 
priated, out of moneys not otherwise appropriated for 
said purposes ; to be paid by warrant drawn by the 
Auditor General upon resolution of the State Forestry 
Reservation Commission. 

Approved— The 13th day of May, A. D. 1903. 
SAML. W. PENNYPACKER. 



AN ACT 

Providing a fixed charge on lands acquired by the 
State for Forestry Reserves, and the distribution l!^05, p. 
of revenue, so derived, for school and road pur- i^^- 
poses . 

Whereas, The Commonwealth of Pennsylvania is Pivambie. 
acquiring large tracts of lands, in its several coun- 
ties, for the purpose of establishing forest reserva- 
tions ; and 



256 



GAME, FISH AND FORESTRY LAWS. 



Forest re- 
serves. 



Annual 
charge 
against. 



Certificate 
as to num- 
ber of acres, 
etc. 



Payment to 
school dis- 
tricts and 
townships. 



Whereas, The purchasing of said lands by the 
Commonwealth makes said lands exempt from taxa- 
tion ; and 

Whereas, Because of said exemption from taxa- 
tion, districts in the several counties lose the rev- 
enue secured from said prior taxation, and works 
a hardship upon the citizens thereof, by compelling 
them to make up the loss on school and road-taxes 
thus brought about: 

Section 1. Be it enacted, &c., That from and after 
the passage of this act, all lands acquired by the 
Commonwealth for forest reserves, and now exempt 
from taxation, shall be subject to an annual charge 
of three cents per acre, for the benefit of the schools 
in the respective districts in which said reserve or 
reserves are located, and two cents per acre, for the 
benefit of the roads in the townships where said re- 
serve or reserves are located. 

Section 2. The Commissioner of Forestry shall cer- 
tify to the respective school districts and townships, 
throughout the Commonwealth, in which forest re- 
serves are located, the number of acres owned by the 
Commonwealth in each district or township, upon ap- 
plication of the treasurer or road supervisors of any 
of the said districts or townships, and the charge 
against the same; and shall, furthermore, certify to 
the State Treasurer the number of acres as aforesaid, 
and the charge against the same and in favor of the 
respective districts and townships. The State Treas- 
urer shall, upon the approval of the proper warrants 
of the Commissioners of Forestry, pay to the several 
school-districts and townships the amounts due the 
same from the Commonwealth, and derived under this 
act, upon due application therefor made by the treas- 
urers or road supervisors of the said districts and 
townships. 

Approved— The 5th day of April, A. D. 1905. 
SAML. W. PENNYPACKER. 



*ftee new act relating to charge for schools, page 248 



GAME, FISH AND FORESTRY LAWS. 



257 



AN ACT 

To empower the Commissioner of Forestry and the 
Forestry Reservation Commission to give to bor- 
oughs and other municipalities the privilege of 
impounding water on Forest Reservations owned 
by the Commonwealth, and of constructing, main- 
taining and operating lines of pipes over and through 
the same for the purpose of conveying water there- 
from. 

Section 1. Be it enacted, &c., That the Commis- 
sioner of Forestry and the Forestry Reservation 
Commission are hereby authorized and empowered 
to give to boroughs and other municipalities of this 
Commonwealth, upon such terms and subject to such 
restrictions and regulations as said Commissioner 
and Commission deem proper, the privilege of im- 
pounding water upon any Forest Reservations, now 
owned or hereafter to be acquired by the Common- 
wealth, and of constructing, maintaining and operat- 
ing lines of pipes upon and through said reservations, 
for the purpose of conveying water therefrom, when- 
ever in the judgment of the said Commissioner and 
Commission it shall be to the public interest so to do. 

Approved— The 14th day of April, A. D. 1905. 
SAML. W. PENNYPACKER. 



1905, P. L. 
156. 



Forestry 
reseryft- 
tion. 



Privileges 
of boroughs 
and munici- 
palities. 



Pipe-lines. 



AN ACT 

To provide for the planting and care of shade-trees, 
on highways of townships of the first class, bor- 1907, p. l. 

oughs, and cities of the Commonwealth of Penn- S49. ' 
sylvania, and providing for the cost thereof. 

Section 1. Be it enacted, &c.. That in townships Shade 
of the first class, boroughs, and cities of the Com- t^'^es. 
monwealth of Pennsylvania there may be appointed, 
in the manner hereinafter provided, a Commission 
of three freeholders, to be known and designated as shade-tree 
the Shade-tree Commission of the said township, bor- commission, 
ough, or city, who shall serve without compensation, 
and who shall have exclusive and absolute custody 
17 



258 



GAME, FISH AND FORESTRY LAWS 



Proviso. 



Existing 
park com- 
missions. 



Acceptance 
of this act. 



Terms of 
commis- 
sioners. 



Appoint- 
ments. 



Annual re- 
port. 



Proviso. 



and control of, and power to plant, set out, remove, 
maintain, protect, and care for shade trees, on any 
of the public highwaj'S of the said townships, bor- 
oughs, and cities, the cost thereof to be provided for 
in the manner hereinafter stated: Provided, That in 
townships, boroughs, or cities in which a Commis- 
sion for the care of public parks shall have been 
created, said Commission shall, upon the acceptance 
of this act as provided in section two, be chnr.ged with 
the duties of the Commission as above provided, and 
shall, for that purpose be possessed of all the powers 
herein mentioned and granted. 

Section 2. The commissioners of any township of 
the iirst class, or the councils of any borouah or city, 
in the State of Pennsylvania, may, by majority vote 
in the case of the commissioners, or by joint resolu- 
tion in the case of the councils, accept the provisions 
of this act, and when such majority vote or joint reso- 
lution shall have been duly passed and approved, and 
such Shade-tree Commissioners appointed, or, in 
their stead, the duties and powers herein provided 
have been devolved upon an existing park commission, 
then, from that time and in that event, this act and 
all its provisions shall be in full force and application 
in such township of the first class, boroui^h, or city, 
so accepting ; and such commissioners shall be ap- 
pointed, for terms of three, four and five years, re- 
spectively, and, on the expiration of any term, the 
new appointment shall be for five years, and any va- 
cancies shall be filled for the unexpired term only ; 
and in townships of the first class the said appoint- 
ment shall be mnde by the commissioners thereof; and 
in boroughs, by the chief burgess, and in cities by the 
mayor thereof: Provided, That in cities where a 
Commission exists for the care of public parks, the 
term and appointment of such Commission shall not be 
changed by this act, but shall be and remain as 
provided by the act of Assembly, and by the or- 
dinance of councils creating such Commission foi 
the care and maintenance of public parks. And such 
Shade-tree Commission shall, twice in every year, 
report in full its transactions and expenditures for 
the municipal fiscal year then last ended, to the au- 
thority under and by which it was appointed: Pro- 
vided, That an existing park commission, acting under 
this enactment, may embody its repor* ^'n its regular 



GAME, FISH AND FORESTRY LAWS. 



report to the councils, as by law or ordinance pro- 
vided . 

Section 3. That when such shade-tree commis- 
sioners, or park commissioners so acting, shall pro- 
pose the setting out or planting or removing of any 
shade trees, or the material changing of the same in 
any highway, they shall give public notice of the 
time and place appointed for the meeting at which 
such contemplated work is to be considered, specify- 
ing in detail the highways, or portion thereof, upon 
which trees are proposed to be planted, removed, or 
changed, in one or more — not exceeding two in all — 
of the newspapers published in said township, bor- 
ough, or city, once each week for at least two weeks, 
prior to the date of said meeting. 

Section 4. The cost of planting, transplanting, 
or removing any trees in any highways, and of suit- 
able guards, curbing, or grading for the protection 
thereof, when necessary, and of the proper replacing 
of any pavement or sidewalk necessarily disturbed in 
the doing of such work, shall be borne by the owner 
of the real estate in front of which such trees are 
planted, set out, or removed; and the cost thereof 
as to each tract of real estate shall be certified by 
the commissioner to the township commissioners, or 
to the presidents of the councils in boroughs and 
cities, and also to the person having charge of the 
collection of taxes for the said township, borough, 
or city; and upon the filing of said certificates, the 
amount of the cost of such improvement, of which 
notice shall also be given to each property owner in- 
volved, accompanied with a copy of the aforesaid cer- 
tificate, together \\»ith a notice of the time and place 
for payment, shall be and become a lien upon said 
real estate, in front of which said trees have been 
planted, set out, or removed; said lien to be col- 
lectible, if not paid in accordance with notice as 
herein provided, in the same manner as other liens 
for taxes are now collectible against the property 
involved . 

Section 5. The cost and expense of caring for 
said trees after having been planted or set out, 
and the expense of publishing the notices provided 
for in section threfe', shall be borne and paid for by 
a general tax, to be levied annually in the manner 
that taxes for township, borough, and city purposes 
are now levied in such townships of the first class. 



Tree-plant- 
ing, etc. 



Cost of 
planting, 
transplant- 
ing, etc. 



Certificates. 



Lien. 



Cost of care 
and publica- 
tion. 



260 



GAME, FISH AND FORESTRY LAWS 



Tax. 



Appropria- 
tion. 



Superin- 
tendent, en 
gineer, 
wardens, 
etc. 

Regulations. 



Fine and 
penalties. 



Lines. 



Disposition 
of fines, 
etc. 



boroughs, or cities ; such tax not to exceed the sum 
of one-tenth of one mill on the dollar on the assessed 
valuation of the property in such townships of the 
first class, boroughs, or cities; and the needed amount 
shall each year, in due time, be certified by the shade- 
tree commissioners to the proper authorities charged 
with the assessment of taxes in said townships, bor- 
oughs, or cities, to be assessed and paid, as other 
taxes are assessed and paid, and to be drawn against 
as required by said commissioners, in the same man- 
ner as moneys appropriated for township, borough, 
or city purposes are now drawn against in said town- 
ships, boroughs or cities provided that the 
commissioners of any township of the first class, and 
the councils of any borough or city, accepting the pro- 
visions of this act, may provide for the expense of 
the maintenance of trees on highways, in accordance 
with the provisions of this section by actual appro- 
priation, equal to the amount certied to be required 
by the said Commission, in lieu of the specific as- 
sessment above authorized. 

Section 6. The Commission, under which the pro- 
visions of this act shall be carried out, in any town- 
ship of the first class, borough, or city, shall have 
power to employ and pay such superintendents, en- 
gineers, foresters, tree-wardens, or other assistants, 
as the proper performance of the duties devolving 
upon it shall require; and to make, publish and en- 
force regulations for the care of, and to prevent in- 
jury to, the trees on the highways of any township, 
borough, or city accepting the provisions of this act; 
and to assess suitable fines and penalties for violations 
of this act, provided such regulations shall have been 
published at least twice in one or more, not ex- 
ceeding two, newspapers of the township, borough, 
or city, involved, after having been submitted to 
and being approved by the commissioners of the town- 
ship of the first class, of the councils of the borough 
or city affected; and such fines and penalties, so 
assessed for violations of this act, shall become liens 
upon the real property of the offender, and be col- 
lectible by the constituted authorities, as liens for 
taxes upon real property are now collected. 

Section 7. All the moneys due and collected from 
fines or penalties or assessments, in consequence of 
the acts of said Shade-tree Commission in enforcing 
this act, shall be paid to the treasurers of the town- 



GAME, FISH AND FORESTRY LAWS. 



ships, boroughs, and cities accepting its provisions, 
and shall be placed to the credit of said commission, 
subject to be drawn upon by the said commission for 
the purposes of this act. 

Section 8. All acts and parts of acts inconsistent 
with this act are hereby repealed. 

Section 9. This act shall take effect immediately; 
but its provisions shall not be and become binding 
upon any township, borough, or city until it has 
been dnlv accepted, as provided in section two. 

Approved— The 31st day of May, A. D. 1907. 

EDWIN S. STUART. 



Repeal. 



AN ACT 

Authorizing the transfer of the control and man- 
agement of the Senatorium on the State Forestry 
Reservation near Mont Alto, in Franklin county, 
from the Commissioner of Forestry to the Depart- 
ment of Health. 



1907, P. L. 



Section 1. Be it enacted, &c.. That in case the 
Department of Health shall, with the approval of 
the Governor, in the establishment of sanatoria, or 
colonies for the reception and treatment of indigent 
persons affected with incipient tuberculosis, find it 
desirable to take over, control, and manage the 
Sanatorium located on the State Forestry Reservation 
near Mont Alto, in Franklin county, established under 
the provisions of the act approved May fifteenth. 
Anno Domini one thousand nine hundred and three, 
the Commissioner of Forestry is hereby authorized and 
directed to transfer said Sanatorium and the manage- 
ment and control of the same, to the Department 
of Health, which is hereby authorized to receive, 
and henceforth manage and control, th-^ said sana- 
torium . 

Approved— The 1st day of June, A. D. 1907. 
EDWIN S. STUART. 

By Act of Assembly the Department of Health is directed 
to carry out the idea represented by the Camp Sanitorium at 
Mont Alto, established by the Commissioner of Forestry in 
190'1. 

For blank forms of application for admission to this Camp 
Sanatorium, address "Camp Physician, White Pine Camp, 
Mont Alto, Franklin County, Pa." 



Sanatorium, 
Mont Alto. 



Transfer 
from Com- 
missioner of 
Forestry to 
Department 
of Health. 



262 



(MME, FISH AND FORESTRY IvAWS. 



1907, 

527. 



P. L. 



Forest fires, 
regulations 
to prevent. 
Lands upon 
which are 
oil and gas 
wells. 

When fires 
may not be 
started. 

When fires 
may be 
started. 



Violations. 



Misde- 
meanor. 



Fine. 



Commit- 
ment. 



Proviso. 



AN ACT 

Establishing precautionary regulations to prevent for- 
est fires on lands in which oil-wells and gas-wells 
are situated, and diminish danger therefrom; mail- 
ing certain violations thereof misdemeanors, and 
prescribing punishment for the same, and in other 
cases affixing penalties and declaring liabilities for 
damages. 

Section 1. Be it enacted, &c.. That fallows, 
stumps, logs, brush, dry grass, fallen timber, or 
tree-tops shall not be burned in any forest lands 
of this Commonwealth, in which there are producing 
oil-wells or gas-wells, or rigs erected for drilling 
such wells, from the first day of April in each year 
to the twentieth day of May next ensuing, nor from 
the tenth day of September in each year to the tenth 
day of November next ensuing. Excepting during 
the periods aforesaid, fires may be set in lands upon 
the following conditions: First, that written permis- 
sion thereto, of the fire-warden of the proper town- 
ship, shall first be obtained; second, said fire-warden 
shall be personally present when such fire is started ; 
third, such fire shall not be started during a strong 
wind, nor without sufficient help to control the same 
at all times; forth, such fire shall be watched and 
guarded, by the person by whom it is started, until it 
is extinguished. No fires shall be set, or allowed to 
burn, in said lands, excepting upon compliance with 
the conditions aforesaid. Any person violating any 
provisions of this section shall be deemed guilty of a 
misdemeanor; and, upon being convicted thereof be- 
fore any alderman or magistrate, shall be fined by 
the said alderman or magistrate, — for the first offense, 
in the sum not less than ten dollars or more than 
twenty dollars, and for the second, and every subse- 
quent, offense, in a sum not less than twenty nor 
exceeding one hundred dollars, to be paid to the 
county wherein such offense may be committed ; and 
if said fine or penalty and the costs of the proceed- 
ings be not paid, then said alderman or magistrate 
shall commit said offender to the county jail, there 
to remain until discharged by due course of law: 
Provided, That when the fine imposed exceeds the 
sum of twenty dollars, the party complained against 



GAME, FISH AND FORESTRY LAWS. 



263 



may appeal from the decision of said alderman or 
magistrate to the court of quarter sessions, upon his 
entering bail, in the nature of a recognizance, in the 
usual manner, for his appearance at said court, where 
the offense shall be prosecuted in the same manner as 
is now directed by law in other cases of misdemeanor. 

Section 2. Any owner or lessee of any forest lands, 
or owner of trees growing upon said lauds, or any 
person in charge of the premises upon which lands 
there are producing oil-wells or gas-wells, or rigs 
erected for drilling such wells, shall, at least once in 
each year, cause to be removed from said lands all 
brush, tree-tops and branches of trees, which such 
owner, lessee, or other person in charge of the 
premises, may have cut or felled thereon, within one 
hundred feet, respectively, of all such wells or rigs; 
and shall, at least once in the year, cause to be re- 
moved from said land all grass, brush, tree-tops, and 
branches of trees, and other inflammable material, 
within one hundred feet of the right of way of any 
railroad company operating thereon ; to the "end that 
during the spring and autumn season, as defined in 
the first section of this act, the said area shall be 
free and clear of such inflammable material. In case 
any person, partnership, or corporation shall neglect 
to perform the duty imposed by this section, the same 
shall be liable to a penalty of fifty dollars for failure, 
in any instance, to comply with the duty imposed 
by this section ; to be paid to the county where the 
offense may be committed, recoverable in an action 
of assumpsit, in which the county wherein such vio- 
lation occur shall be the plaintiff. 

Section 3. Every railroad company shall, on such 
part of its road as passes through forest land on 
which there are producing oil-wells or gas-wells, or 
rigs erected for drilling such wells, cut and remove 
from its right of way through said lands, at least 
once a year, all grass, brush and other inflammable 
materials; employing, in the seasons defined in the 
first section of this act, sufficient trackmen to promptly 
put out fires on its right of way ; provide locomotives 
thereon with steel netting or iron wire on the smoke- 
stacks or other efficient spark-arresters, to prevent 
the escape of fire or sparks, and adequate devices to 
prevent the escape of fire from ash-pans and furnaces, 
and the same shall be used by every engineer and 
fireman on such part of its road. No railroad com- 



Appeal. 
Bail. 



Annual 
clearance of 
lands of in- 
flammable 
material. 



Neglect. 
Fine. 



Duties of 

railroad 

companies. 



Spark ar- 
resters. 



264 



GAME, FISH AND FOHESTRY LAWS. 



Fires. 



Violations. 



Penalty. 



pnny, or employe thereof, shall deposit fire, coals or 
ashes on its track or right of way near such lands. 
In case of fire on its own or neighboring lands, within 
one hundred feet of its tracks, the railroad company 
shall use all practicable means to put it out. In case 
of any violation of the provisions of this section, such 
railroad company shall be answerable to the owner or 
owners of any property destroyed or injured by fire 
in consequence of such violation ;and said company 
shall further be liable to a penalty of one hundred 
dollars for such violation, to be paid to the county 
wherein the violation may occur, recoverable in an 
action of assumpsit in which the county wherein such 
violation occurs shall be the plnintitf. 
Approved— The 12th day of June, A. D. 1907. 

EDWIN S. STUART. 



AN ACT 



1909, P. L. To protect trees growing by the roadsides and within 

S7. the road limits ; and providing a penalty for the 

unlawful killing, removal of, or injury to the same. 



Trees witliin 

highway 

limits. 

Forested or 

uncultivated 

lands. 

Beyond fif- 
teen feet, 
from center 
line of road. 



Consent of 

abutting 

owner. 



Appeal. 



Section 1, Be it enacted, &c.. That where any 
public highway in this Commonwealth passes through 
or along forested lands, wild lands, or uncultivated 
lands, no trees growing within the limits of the said 
highway, at a distance beyond fifteen feet on either 
side of the center-line of said highway, which shall 
measure four inches or over in diameter at a point 
two feet from the surface of the ground, shall be 
cut down or destroyed by the commissioners, super- 
visors, or road-masters employed by them, or any 
other person, without first obtaining the consent of 
the abutting owners. If any board of commissioners 
or supervisors deem the removal of any such trees, 
beyond said limit of fifteen feet on each side of the 
centre-line of said highway, necessary for the improve- 
ment of the road, and the consent of the abutting 
property owners cannot be obtained, the board of 
commissioners or supervisors may appeal the matter 
to the judge of the court of the proper district ; who 
is hereby directed to examine and inquire into all such 
subjects of dispute which may be referred to him, and. 



GAME, FISH AND FORESTRY LAWS, 



265 



having due regard for the demand for road improve- 
ment as well as for the preservation of the trees, 
shall, after hearing all parties in interest, make such 
order in respect thereof as to bim shall appear rea- 
sonable, equitable, and just; and from whose de- 
cision there shall be no appeal: Provided, That the 
commissioners or supervisors shall at all times have 
the right to clear out brush and other refuse from 
along the sides of the road, to the legal width thereof; 
And provided further. That all such clearing and re- 
moval of brush and refuse shall be confined to growth 
that is under the limit hereinabove described, and to 
the removal of branches that in any way interfere with 
public travel; and that no other injury, by fire, cut- 
ting, abrasion, or otherwise, shall be done to the 
standing timber. 

Section 2. Whenever any public highway runnnig 
through improved or cultivated lands, in this Common- 
wealth, has been opened, and there shall be growing 
along the roadsides, and within the road limits, shrubs 
or trees not interfering with public travel, no board 
of supervisors or road-masters or other persons in 
their employ, shall remove, cut, injure, or destroy 
or in any other manner interfere with, such shrubs 
or trees, unless said reraoval or cutting shall be ab- 
solutely necessary for tLa purpose of maintaiuinc the 
highw;iy at its best and highest efficiency; and, then, 
not until the abutting property owners shall have re- 
ceived notice thereof, i:nd an agreement shall have 
been entered into between the local highway authori- 
ties and the abutting property owners relating to the 
removal, cutting, or interference with said trees. If 
the said parties shall be unable to arrive at an agree- 
ment in respect thereto, the same shall be referred 
to a judge of the proper court, as aforesaid. Said 
judge shall examine and inquire into the subject of 
controversy, and, in like manner, render his decision, 
as provided for in section one of this act ; and from 
which decision there shall be no appeal. 

Section 3. All logs, cord wood, branch wood, or 
other forms of wood, which shall be derived from 
the destruction or removal of any trees growing along 
the public highways of this Commonwealth, as afore- 
said, shall be surrendered to, and remain the prop- 
erty of, the respective abutting owners. 

Section 4. Nothing in this act shall be so construed 
as to prevent the local highway authorities, anywhere 



Hearing. 
Order. 
Proviso. 
Brush, etc. 
Proviso. 



Cultivated 
Jands. 



Cutting 
shall be nec- 
essary. 



Notice to 
abutting 



Appeal. 



Logs, cord- 
wood, etc. 



266 



GAME, FISH AND FORESTRY LAWS. 



Windfalls, 
etc. 



Menace to 
travel. 



"Higtiway 

authorities' 

construed. 



Violations. 



Misde- 
meanor. 



Fine. 



Hearing. 



Commit- 
ment. 



in this Commonwealth, from removing such roadside 
trees which may be thrown down by the wind, or 
lodged in such position as to be a menace to public 
travel, or which, by reason of any other cause, be- 
come a source of danger to the public and ought to 
be removed ; but every such act of removal on the 
part of the highway authorities shall always be made 
with due regard to the circumstances in such case, so 
as to preserve the true intent and purpose of this 
act. 

Section 5. The term "highway authorities" in this 
act shall be construed to mean any person who, by 
law shall be vested with the power to deal in any man- 
ner with the public highways of this Commonwealth, 
and shall include the officials of the State Highway 
Department, supervisors, road-masters, and all per- 
sons employed by them in any capacity, or who exer- 
cise any authority over said roads or highways. 

Section 6. If any commissioner, supervisor, road- 
master, or person in their employ ,or any other per- 
son, shall cut down, kill, or injure any living tree, 
growing as aforesaid, and of a size four inches in di- 
ameter, or greater, at a point two feet from the sur- 
face of the ground, or shall violate any other pro- 
vision of this act, he shall be guilty of a misdemeanor, 
and, upon conviction thereof, shall be subject to a 
penalty of not more than five dollars for every tree 
so cut, injured, or destroyed, with costs of suit: to be 
recovered in an appropriate action to be brought before 
any magistrate, alderman, or justice of the peace of 
the county wherein the said offense was committed, 
who, upon affidavit of any person, duly presented, is 
hereby authorized and directed to issue his warrant 
to any person empowered to make arrests, directing 
him to arrest the person so charged. The said magis- 
trate, alderman, or justice of the peace shall, there- 
upon, proceed to hear both the complainant and the 
defendant and their witnesses, and shall forthwith de- 
cide as to him shall appear to be just and right. If 
any defendant upon conviction for any offense shall 
fail or refuse to pay the fine and costs which may 
be imposed upon him, or shall not give bond with 
approved surety to pay the same within ten days, 
he shall be committed to the jail of the county wherein 
the offense was committed, there to remain for a 
period not to exceed thirty days, or until he shall. 



GAME, FISH AND FORESTRY LAWS 



267 



in the meantime, have paid the said fine and costs 
in full. 

Section 7. All acts or parts of acts in conflict here- 
with be and the same are hereby repealed. 

Approved— The 1st day of April, A. D. 1909. 

EDWIN S. STUART. 



Repeal. 



AN ACT* 



Authorizing the Department of Forestry to grow and 1909, 
distribute young forest trees to those who will plant n^. 
and care for the same. 

Section 1. Be it enacted, &c.. That the Depart- 
ment of Forestry is hereby authorized to grow and 
distribute, to all persons who will plant and care for 
them, young forest trees, in such quantity and under 
such conditions and regulations as may be prescribed 
by the Department. The Department of Forestry 
shall make a reasonable charge for such trees, not 
in excess of the actual cost of production. Those who 
make application for such trees must enter into an 
agreement with the department to bear the cost of 
transportation from the various State nurseries to 
the place where ordered to be sent, and that the 
young trees will be planted under the direction of 
the Department of Forestry, and cared for and pro- 
tected . 

Section 2. All moneys which may be received by 
the Department of Forestry, from the sale and dis- 
tribution of young forest trees, as aforesaid, shall 
be paid by the said Department into the State Treas- 
urv, for the use of the Commonwealth. 

ApprovedThe 22d day of April, A. D. 1909. 

EDWIN S. STUART. 



P. L, 



Department 
of Forestry. 



Young 
forest trees. 



Agreement. 



♦Application for forest tree seedlings must be made on blank 
forms furnished by the Department. Shipments will ordinarily 
be made from the nearest State nursery where a sufficient 
stock is on hand. 



268 



GAME, FISH AND FORESTRY LAWS 



1909, P. L. 
124. 



Whereas. 



Municipal 

forests. 



Acquire- 
ment and 
holding of. 



Size and 
location. 



Proviso. 



Approval of 
Commis- 
sioner. 



AN ACT 

To permit the acquisition of forest or other suitable 
lands by municipalities, for the purpose of estab- 
lishing municipal forests ; and providing for the 
administration, maintenance, protection^ and de- 
velopment of such forests. 

Whereas, It has been demonstrated by time and ex- 
perience in the countries of continental Europe that 
properly managed municipal forests have proved to be 
important sources of municipal revenue, tending 
greatly to reduce the burden of municipal taxation ; 
and 

Whereas, Many of the townships, boroughs, and 
cities of this Commonwealth are so located that it 
would be proper and expedient for them to possess 
tracts of land to be used for the purposes of municipal 
forests, in many instances conserving and protecting 
the water supply and promoting the healthfulness of 
said municipality, and capable^ as well, of yielding 
revenue applicable to the purposes of such municipali- 
ties ; therefore. — 

Section 1. Be it enacted, &c.. That all townships 
of the first class, boroughs, and cities of this Com- 
monwealth are hereby empowered to acquire, by pur- 
chase, gift, or lease, and hold as the property of the 
municipality^ tracts of lands at present covered with 
^'orest or tree growth, or suitable for the growth of 
. '^s, and to administer the same, under the direction 
ot the Commissioner of Forestry of the Commonwealth 
of Pennsylvania, in accordance with the practices and 
principles of scientic forestry, for the benefit and ad- 
vantage of the said municipalities. Such tracts may 
be of any size suitable for the purpose, and may be 
located either within, adjacent to, or at a distance 
from the corporate limits of the municipality pur- 
chasing the same: Provided, That it shall be requisite 
for the commissioners, burgess, or mayor of any mu- 
nicipality, availing itself of the provisions of this act, 
to submit to the Commissioner of Forestry, and se- 
cure his approval of, the area and location of any 
lands proposed to be acquired for the purposes of 
municipal forests, previous to the passage of the ordi- 
nance provided for in section two. 



GAME, FISH AND FORESTRY LAWS. 



Section 2. Whenever the township commissioners 
of any township of the first class, or the councils of 
any boroimh or city, shall deem it expedient for the 
municipality to acquire any such lands for the pur- 
poses of a municipal forest, they shall so declare in 
an ordinance, wherein shall be set forth all facts and 
conditions relating to the proposed action ; which said 
proposed ordinance, prior to its passage, shall be duly 
advertised once a week for three weeks, and, after 
its passage and approval, in accordance with exist- 
ing law. All money necessary for the purchase of 
such tracts shall be appropriated in like manner as 
is now done, under existing law, for municipal pur- 
poses ; and such funds may be provided out of current 
revenue, or by the proceeds of a sale of bonds, in 
accordance with existing law. 

'Section 3. Upon the acquisition of any municipal 
forests or of lands suitable for such, under this act, 
the proper authorities shall notify the Commissioner 
of Forestry, who shall make such rules for the govern- 
ment and proper administration of the same as may 
be necessary. The municipal authorities shall there- 
upon publish such rules, declare the uses of the forests 
in accord with the true intent of this act, and make 
such provision for its administration, maintenance, 
protection, and development as shall be necessary or 
expedient. 

Section 4. All moneys necessary to be expended, 
from time to time, for the administration, mainte- 
nance, protection, and development of said forest, 
shall be appropriated and applied as is now done, 
under existing law, for municipal purposes; and all 
revenue and emoluments arising from said forest shall 
be paid into the municipal treasury, to be used for 
general municipal purposes. 

Section 5. The municipal forest may be used Dy 
the people for general outing or recreation grounds, 
subject to the rules governing its administration for 
the purpose of a municipal forest, in which the major 
idea shall be the sale of forest products for producing 
a continuing municipal revenue. 

Section 6. The alienation of a municipal forest, or 
any part thereof, shall be made only in the manner 
prescribed herein for the purchase of the same ; to 
wit, by ordinance duly advertised before and after 
passage, but such ordinance shall not be effective in 
legalizing such alienation until after it shall have been 



Ordinance. 

Facts and 
conditions. 

Adyertise- 
ment. 

Appropria- 
tion. 

Bonds. 

Acquisition 
of forest 
or land. 

Rules. 



Publica- 
tion of. 



Mainte- 
nance, etc. 



Revenues, 
ptc. 



Municipal 
revenue. 



Alienation. 



270 



GAME. FISH AND FORESTRY LAWS 



Popular 
vote. 



approved by a majority vote of the people at the 
next ensuing election. 
Approved— The 22d day of April, A. D. 1909. 

EDWIN S. STUART. 



1909, P. L. 
413. 



Lands, va- 
cant or un- 
appropri- 
ated. 

Duty of 
Secretary of 
Internal 
Affairs. 



Survey. 



Report. 



Proviso. 
Appeal. 



Appraisers. 



AN ACT 

Relating to the granting of titles by the Common- 
wealth of Pennsylvania to vacant or unappropriated 
land, the price to be paid for the same, the con- 
veyance to the State Forestry Reservation Commis- 
sion, where desirable for forest culture or forest 
preservation, preventing the granting of warrants 
for the beds of navigable rivers, and providing for 
acceptance of returns of surveys without limitation 
as to excess or surplus. 

Section 1. Be it enacted, &c.. That whenever an 
application shall be made to the Secretary of Internal 
Affairs for any vacant or unappropriated land, of any 
kind or description whatsoever, it shall be the duty 
of the Secretary of Internal Affairs to make or cause 
to be made a careful investigation concerning the 
land applied for in said application, with a view of 
determining, so far as practicable, whether any office 
rights have heretofore been granted for the land de- 
scribed in said application; and he may also, at his 
discretion^ cause a survey to be made thereof, to as- 
certain whether such land is vacant or unappropri- 
ated and if it shall be found that the land described 
in said application has heretofore been appropri- 
ated, or that it is not vacant or unappropriated land, 
he shall make a report to that effect, which report, 
together with others relating to the proceedings in 
the case, shall be filed among the records of the I^nd 
Office, and shall be conclusive as to the question of 
vacancy: Provided, however, That the applicant 
shall be entitled to an appeal to the Board of Prop- 
erty under such rules as said Board of Property may 
adopt. 

If, in the opinion of the Secretary of Internal 
Affairs, the land applied for shall be vacant or un- 
appropriated, it shall be the duty of the Governor of 
the Commonwealth, the Attorney General, the Sec- 
retary of the Commonwealth, and the Secretary of 
Internal Aft'airs to appoint three disinterested repu- 
table persons to estimate and value the land so ap- 



GAME, FISH AND FORESTRY LAWS. 



plied for, who shall, before they enter upon the 
duties of their appointment, take an oath or affirma- 
tion, before a justice of the peace or other officer hav- 
ing authority to administer an oath, that they will 
justly estimate and a true valuation per acre make 
of ail the land contained in the tract applied for ; 
and, also, they shall state that they are not directly 
or indirectly interested in the application for the land 
applied for. 

The persons thus appointed and sworn or affirmed 
shall proceed to value the land by going on the same, 
and, having regard to the soil, timber, fisheries, 
minerals, other advantages, and the local situation 
thereof, and, having agreed upon the valuation per 
acre of the land so applied for, shall certify the 
same , under their hands, directed to the Secretary 
of Internal Affairs ; and in case they refuse or neglect 
to perform any of their duties as aforesaid, within 
ninety days from the date of their appointment, then 
said appointment shall become null and void ; and it 
shall be the duty of the Governor of the Common- 
wealth, the Attorney General, the Secretary of the 
Commonwealth, and the Secretary of Internal Affairs 
to appoint three other persons to estimate the lands, 
as hereinbefore provided. Upon the receipt of the 
report of the appraisers, the Secretary of Internal 
Affairs shall notify the applicant of the value given 
to the land so applied for, and shall request pay- 
ment of the amount due the State by virtue of such 
appraisement, and until such payment is made, ac- 
cording to the price fixed by the said appraisers and 
within the time hereinafter specified, the Secretary of 
Internal Afr'airs shall withhold the granting of the 
warrant. 

If payment is made in accordance with such ap- 
praisement, the money so paid shall be immediately 
turned into the State Treasury, and the Secretary 
of Internal Affairs shall grant title to the applicant 
for the land so applied for and appraised, in the 
manner now provided by law, and the expenses inci- 
dent to the investigation, survey, and appraisement 
shall be paid by the Commonwealth: Provided fur- 
ther. That before appraisers shall be appointed as 
herein stipulated it shall be the duty of the Secretary 
of Internal Affairs to submit to the State Forestry 
Reservation Commission a copy of the application 
made for said vacant or unappropriated land, together 



Valuation. 



Certificate 
of value. 

In case of 
refusal or 
neglect. 



Other ap- 
praisers. 



Report. 



Titles. 



Proviso. 



272 



GAME, FISH AND FORESTRY LAWS. 



Report. 



Warrant 
and patent. 



Non-pay- 
ment of val- 
uation. 



Proviso. 



Beds of 
navigable 
rivers, etc. 



with a description thereof as ascertained through said 
investigation and survey ; whereupon it shall be the 
duty of the said State Forestry Reservation Commis- 
sion to determine whether it is desirable or practic- 
able that such vacant or unappropriated land should 
be acquired for forest culture or forest reservation ; 
and said State Forestry Reservation Commission 
shall, within the period of two months, make report 
to the Secretary of Internal AflPairs as to the desir- 
ability or practicability of securing such vacant or 
unappropriated land for forest culture or forest reser- 
vation, and if in said report a request shall be made 
for the conveyance of such vacant or unappropriated 
land to the State Forestry Reservation Commission, 
it shall be the duty of the Secretary of Internal Affairs 
to grant a warrant and patent, according to the 
usual custom of the Land Office Bureau, conveying 
such vacant or unappropriated land to the State For- 
estry Commission, without the payment of any pur- 
chase money, interest, or fees. 

Section 2. That whenever such vacant or unap- 
propriated land shall not be conveyed to the State 
Forestry Reservation Commission, as provided in the 
first section of this act, it shall be the duty of the 
person or persons making application, as aforesaid, 
for such land, to pay the amount of money as fixed 
by the appraisement into the office of the Department 
of Internal Affairs, within three months from the date 
of the filing of the report of the appraisers in the 
Department of Internal Affairs, due notice of which 
shall be mailed to the applicant by the Secretary of 
Internal Affairs; and if such applicant shall not make 
payment within the time specified, he shall be deemed 
to have abandoned the purpose of securing a grant 
from the Commonwealth for the land so applied for 
and appraised, and such vacant or unappropriated 
land may then be disposed of to any applicant there- 
for, on the payment of the price as fixed by the report 
of the appraisers as hereinbefore provided: Provided 
however, That in cases where caveats are filed and 
pending before the Board of Propertv, the time shall 
be extended to cover their determination by that 
board. 

Section 3. That on and after the passage of this 
act, there shall be no warrants or other office rights 
granted in any of the counties of the Commonwealth 
for lands in the beds of navigable rivers, or in beds 



GAME, FISH AND FORESTRY LAWS, 



of streams which are by law declared public high- 
ways . 

Section 4. That whenever the State Forestry Reser- 
vation Commission shall apply for vacant or unappro- 
priated land for forest culture or forest reservation, 
the Secretary of Internal Affairs is hereby authorized 
to grant title to such applied for lands in the manner 
provided by law, without the payment of purchase 
money, interest, or fees. 

Section 5. This act shall not be construed to affect 
any pre-emption rights which may have been acquired 
under existing laws, or the right of any person who 
may have an application for vacant land pending with 
the Secretary of Internal Affairs, of the date of the 
approval of this act. 

Section 6. That the Secretary of Internal Affairs 
is hereby authorized and empowered to accept any 
and all surveys, regularly made and returned to the 
Department of Internal Affairs, in pursuance of any 
warrant, location, actual settlement, or order of sur- 
vey, without limitation as to the quantity of excess 
or surplus over the amount specified in the warrant 
or application: Provided, That the purchase money 
and interest o'|i such excess be paid into the State 
Treasury at the rate stipulated in the warrant, or as 
otherwise required by law, prior to the acceptance of 
the return of survey and issuance of a patent thereon: 
And provided further, That no acceptance of a return 
of survey shall, in any case, prejudice or affect the 
right or title of any other person in or to such excess 
or surplus land by virtue of a prior warrant, location, 
actual settlement, or order of survey thereon. 

Section 7. The act of Assembly, entitled "An act 
relating to the granting of titles by the Commonwealth 
to vacant or unappropriated land, the price to be 
paid for the snme, the conveyance to the State For- 
estry Reservation Commission where desirable for 
forest culture or forest preservation, and preventing 
the granting of warrants for the beds of navigable 
rivers," approved the twenty-eighth day of March, 
Anno Domini one thousand nine hundred and five, is 
hereby repealed ; and all other acts, or parts of acts 
inconsistent with the provisions of this act, are also 
hereby repealed. 

Approved— The 3d day of May, A. D. 1909. 

EDWIN S. STUART 



Surveys. 



Excess or 
surplus. 



Proviso. 



Proviso. 



Prior war- 
rant, etc. 



Act of 
March 28, 
1905, cited 
for repeal. 



Repeal. 



18 



274 



GAME, FISH AND FORESTRY LAWS. 



1909, 
744. 



Preamble. 



Preamble. 



Annual 
charge. 



How 
able. 



AN ACT 

Providing a fixed charge on lands acquired by the 
State for forest reserves, and the distribution of the 
same for school purposes in the townships and bor- 
oughs wherein State reserves are located. 

Whereas, The Commonwealth of Pennsylvania is 
acquiring large tracts of land in its several counties 
for tjie purpose of establishing forest reserves, which 
lands are exempt from taxation ; and 

Whereas, Because of such exemption, the several 
school districts within which said reserves are located 
lose the revenue secured from prior taxation, thus 
working a hardship upon the citizens of said districts ; 
therefore. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, all lands now acquired 
or hereafter to be acquired by the Commonwealth for 
forest reserves, and which by existing law are now 
exempt from taxation, shall be subject to an annual 
charge of two cents per acre for the benefit of the 
schools in the respective districts in which said re- 
serves are located: Provided, That no school district 
shall be entitled to receive any sum of money from 
the State, under this act, unless said school district 
shall levy and collect a tax, for the support of its 
schools, of not less than four mills on the dollar of 
the assessed valuation of property in said school dis- 
trict . 

Section 2. The Commissioner of Forestry shall cer- 
tify to the respective school districts throughout the 
Commonwealth in which forest reserves are located, 
and to the State Treasurer, the number of acres 
owned by the Commonwealth therein, for forest re- 
serve purposes, and the amount of the charge in favor 
of each district. The Commissioner of Forestry shall 
draw his warrant in favor of the treasurer of each of 
said school districts, which said warrants, after the 
approval and counter signature of the Auditor General 
of the Commonwealth, shall be paid by the State 
Treasurer to the respective school districts in whose 
favor the same may be so drawn ; and the sum of 
forty thousand dollars, or so much thereof as may 
be necessary, be and the same is hereby specifically 
appropriated, for the purposes of this act, for the 



GAME, FISH AND FORESTRY LAWS. 



275 



two fiscal years beginning June first, one thousand 
nine hundred and nine. 

Section 3. That all acts or parts of acts incon- 
sistent herewith be and the same are hereby repealed. 

Approved— The 13th day of May, A. D. 1909. 

EDWIN S. STUART. 



AN ACT 



To create a system of fire-wardens to preserve the 
forests of the Commonwealth, by preventing and 
suppressing forest fires, and prescribing penalties for 
the violation thereof ; providing for the compensation 
of the fire-wardens and those who assist in ex- 
tinguishing fire, and making an appropriation there- 
for. 

Section 1. Be it enacted, &c.. That there be hereby 
instituted and created a system of fire-wardens, within 
this Commonwealth, whose duty it shall be to protect 
forests, farmers' woodlots, and wild lands by prevent- 
ing and suppressing fires. 

Section 2. The Commissioner of Forestry and the 
Deputy Commissioner of Forestry shall be, respec- 
tively, the Chief Fire Warden and the Deputy Chief 
Fire Warden of this Commonwealth, for the enforce- 
ment of the provisions of this act. They shall have 
immediate supervision and control of the whole system 
of fire-wardens hereby created, and, as such, shall 
have full power and authority to carry the same into 
effect . 

Section 3. As soon after the approval of this act 
as may be convenient, the Commissioner of Forestry 
shall appoint in each borough and township in this 
Commonvv^ealth, if in his judgment, necessity exists 
for such appointment, a suitable and competent per- 
son, who shall be known as the district fire-warden 
of the particular borough or township wherein he 
shall be appointed. The persons appointed district 
fire-wardens shall be expressly chosen to carry out the 
provisions of this act, by reason of their physical fit- 
ness and their good reputation for sobriety, honesty, 
and ability to perform the duties herein demanded 
and required. 

Section 4. Every district fire-warden and every as- 



1909, P. L. 

781. 



Fire warden 
system. 



Chief Fire- 
warden. 



Deputy. 



Appoint- 
ments. 



District 
Fire- 
wardens. 



276 



GAME, FISH AND FORESTRY LAWS 



Radge. 



Duty of 
wardens. 



Authority. 



Powers. 



Compensa- 
tion. 



Employes of 

Department 
of Forestry. 

Duties and 
powers. 



Duties of 
owners and 



sistant fire-warden, appointed or provided for under 
the provisions of this act, shall procure, at his own 
expense, and wear and be known by, an appropriate 
badge of authority, to be approved by the Commis- 
sioner of Forestry, which shall be produced and shown 
on all proper occasions, whenever demanded. 

Section o. Whenever fire is discovered in or ap- 
proaching woodlots, forests, or wild lands, whether 
the same be owned by individuals, corporations or 
by the Commonwealth, it shall be the duty of the 
fire-warden, immediately, to take such measures as 
are necessary for the extinguishment of the fire. He 
shall have authority to employ such other persons as, 
in his judgment, may be necessary to render assist- 
ance in extinguishing fire ; and whenever it shall not 
otherwise be possible for him to secure a sufficient 
number of persons to assist in extinguishing fire, he 
is hereby given the power and authority to compel 
the attendance of, and the rendering of assistance by, 
persons, in the extinguishing of fire under the penal- 
ties prescribed in this act. The district fire-warden, 
while engaged in performing the duties imposed by 
this act, shall receive -as compensation twenty-five 
(25c) cents per hour, and his actual, necessary ex- 
penses incurred; and the persons so employed, or 
compelled to assist the warden, in the extinguishment 
of fire, shall receive as compensation for their services 
fifteen (L5c) cents per hour. 

Section 6. The employes of the Department of 
Forestry shall be ex-officio fire-wardens, whose duties 
and powers shall be the same as, by this act, are 
vested in the district fire-wardens appointed by the 
Commissioner of Forestry ; but they shall not receive 
any compensation other than the regular pay allowed 
as an employe of the Department of Forestry, and 
the necessary expenses by them incurred in the per- 
formance of their duties as fire-wardens. 

Section 7. Nothing in this act shall be so construed 
as to relieve the owner or lessee of lands, upon which 
fires may burn or be started, from the duty of ex- 
tinguishing such fire so far as may lie within his 
power. No such owner or lessee, nor any person in 
the employ of such owner or lessee, shall receive any 
compensation under this act for extinguishing fire 
upon the lands of such owner or lessee. 

Section 8. In each township and borough the dis- 



GAME, FISH AND FORESTRY LAWS 



277 



trict fire-wardens, appointed by the Commissioner of 
Forestry, may appoint, by and with the consent of 
the Commissioner of Forestry, suitable persons, to be 
known as assistant fire-wardens, who shall possess the 
same qualifications demanded by this act for the dis- 
trict fire-wardens, and who are hereby vested 
with the same power and authority. They 
shall receive, as compensation for their services 
so to be performed, the sum of (20c) cents per hour, 
and the necessary expenses incurred in the actual 
performance of their duty. They shall make their 
reports to the district fire-warden, and be under his 
immediate supervision and control, subject to the su- 
pervision of the Commissioner of Forestry. 

Section 9. Whenever a forest, woodlot or wOdland 
fire shall have been combatted or extinguished, by 
the means provided for in this act, the district fire- 
warden shall prepare a correct statement, showing 
the date of the fire, the number of men employed to 
extinguish the fire, the number of hours each was 
employed, and the actual amount of expense incurred, 
verified by oath or affirmation, and shall forward the 
same at once to the Commissioner of Forestry. It 
shall be the further duty of the district fire-warden 
thoroughly to investigate the cause or origin of the 
fire, to collect such evidence as may be discovered 
relating thereto, and make a report thereon to. the 
Commissioner of Forestry, together with a statement 
showing the area burned over and damage done by the 
fire. The assistant fire-wardens shall render their 
accounts, under oath or affirmation, to the district 
fire-warden, who shall thoroughly investigate the 
facts therein stated, and, if he find them correct, shall 
transmit the same to the Commissioner of Forestry. 
The above reports and accounts shall be made upon 
uniform blanks to be furnished by the Commissioner 
of Forestry. 

Section 10. Upon receipt of bills for extinguishing 
forest fires, the Commissioner of Forestry is hereby 
authorized and directed carefully to audit the same. 
He shall not approve any bill until he has first satis- 
fied himself of its correctness, and that the services 
therein claimed were actually rendered, or the ex- 
pense actually incurred. If the Commissioner of For- 
estry approve an account so rendered, he shall trans- 
mit the same to the Auditor General of the Common- 
wealth ; who shall first satisfy himself of its correct- 



Assistant 
Are wardens. 



Compensa- 
tion. 



Statement. 



Report. 



GAME, FISH AND FORESTRY LAWS, 



Auditor 

General's 

statement. 



Jurisdiction 
of wardens. 



ness, and shall then draw his warrant, against the 
fund hereinafter appropriated to pay for the exting- 
uishment of forest fires, and in favor of the respective 
disrtict fire-wardens, as directed by the Commissioner 
of Forestry. Said warrants shall be delivered to the 
Commissioner of Frosetry, for transmission to the 
district fire-wardens, who are hereby then required 
to pay the several sums so transmitted to the per- 
sons lawfully entitled thereto, taking proper receipts 
and vouchers for each payment so made, which 
vouchers shall be filed with the Commissioner of For- 
estry . 

Section 11. At the end of each calendar year, after 
the bill for the extinguishment of forest fires shall 
have been presented for that year, the Auditor Gen- 
eral of the Commonwealth shall prepare a statement 
showing the expenditure made for the extinguishment 
of fires in each of the counties of the State, and 
shall transmit to the Commissioners of each county a 
copy of the statement relating to their respective 
county. The Auditor General shall, at the same time, 
state an account with each of the said counties, and 
collect from each county an amount equal to one-fifth 
of the amount expended by the Commonwealth for the 
extinguishment of forest fires in that particular 
county. The county commissioners of each county 
shall, immediately upon receipt of the stated ac- 
count of the Auditor General, forv/ard to him for the 
use of the Commonwealth, the amount of money so 
found to be due and owing by the county for the 
extinguishment of forest fires. In case the said ac- 
count is not settled within thirty days after its re- 
ceipt by the county commissioners, the Auditor Gen- 
eral is hereby authorized, empowered, and required to 
collect the amount of the then delinquent account 
stated, in manner provided by existing law for the 
collection of accounts due the Commonwealth. 

Section 12. The said fire-wardens shall not be 
limited in their jurisdiction, as such, to the boroughs, 
townships, or counties for or within which they m;iy 
be appointed ; but shall have power and authority to 
enter adjacent or other boroughs, townships, or coun- 
ties, and there, exercise the authority and perform 
the duties conferred upon them by this act: Pro- 
vided, That when, for the purpose of extinguishing 
fire, a fire-warden shall enter adjacent or other terri- 
tory than that for or within which he shall have been 



GAME, FISH AND FORESTRY LAWS. 



279 



appointed, the local warden, if present, shall be in 
command and direct the work of the various fire- 
fighting crews. 

Section 13. Whenever any fire-warden, or person 
employed by him, shall have rendered service in the 
extinguishment of fire which may have burned within 
two or more counties, the district fire-warden shall 
render to the Commissioner of Forestry his report, as 
hereinbefore required, relating to each of the said 
counties, in order that the expense of extinguishing 
fire may be rightly and propertly distributed between 
or among the counties in which fire may have burned. 

Section 14. Whenever any fire-warden, by reason 
of physical disability, or unavoidable absence from 
home during the fire season, or for any good and 
suificient cause, shall be unable to perform the duties 
required by this act he is , hereby empowered, with 
the consent of the Commissioner of Forestry, to em- 
ploy a suitable person to act in his stead ; which said 
person, so appointed, shall have all the qualifications 
demanded of the fire-warden, and for services so ren- 
dered, in the absence of the fire-warden, he shall 
receive the same compensation: Provided, That the 
reports hereinbefore required to be made to the Com- 
missioner of Forestry shall be made by the district 
fire-warden. In case the death of the district fire- 
warden should occur before making the report herein 
required, or in case of his total physical disability, 
the said report may be made by an assistant fire- 
warden, after first ascertaining the facts; and in 
making such examination or investigation, such as- 
sistant fire-warden is hereby empowered to examine 
persons, under oath or affirmation to be administered 
by himself. 

Section 15. Whenever, in the absence of a fire- 
warden, a forest, or woodlot, or wild land fire shall 
be extinguished or combatted by persons without first 
having been employed by said warden, such persons 
shall receive the compensation allowed by this act: 
Provided, That after a thorough investigation by the 
district fire-warden, wherein he shall have power 
and authority to examine persons under oath or af- 
firmation, administered by himself, he shall have 
ascertained, as a result of his investigation, the facts 
hereinbefore required to be included in his report to 
the Commissioner of Forestry, the truth of which ne 



Fire in two 
or more 
counties. 



Substitute 
wardens. 



Proviso. 



Unauthor- 
ized ser- 
vices. 



280 



GAME, FISH AND FORESTRY LAWS. 



Proviso. 



Personal 
liability. 



Complaints 
as to com- 
pensation 
allowed. 



Daily patrol. 



shall first have fully demonstrated to his own satis- 
faction: Provided further, That if his investigation 
shall disclose that any person, so claiming compensa- 
tion, set the fire, or in any manner, carelessly, 
negligently, or maliciously, contributed to its burn- 
ing, such person not only shall not be allowed com- 
pensation, but shall be proceeded against criminally, 
if in the judgment of the Commissioner of Forestry 
the evidence shall warrant such prosecution. 

Section 16. No fire-warden, appointed in accord- 
ance with the provisions of this act, shall be per- 
sonally liable to any person employed or required 
to combat or extinguish fire, by reason of such em- 
ployment or requirement ; and no action for any 
compensation alleged or claimed to be due any per- 
son for combatting or extinguishing fire shall lie 
against such fire-warden. 

Section 17. If any person shall feel aggrieved by 
the act of any fire-warden, in allowing or disallow- 
ing any sum as compensation for extinguishing fires, 
such person may appeal to the Commissoiner of For- 
estry, who will examine into the complaint. After 
hearing the proofs and allegations of the parties, he 
shall decide as to him shall seem jnst and right, and 
his decision shall be final and not subject to review. 

Section 18. During the months of April and May 
and the period from September fifteenth to Novem- 
ber fifteenth, in each year, commonly called the fire 
seasons, in order to prevent fire and provide for its 
immediate suppression, the fire-wardens may, in the 
discretion of the Commissioner of Forestry, be re- 
quired to keep daily patrol in the regions under their 
care known to be especially hazardous or subject to 
outbreak of fire. For such services, so to be ren- 
dered, the fire-wardens, in addition to the compensa- 
tion hereinabove allowed, shall be entitled to receive a 
stated sum, not in excess of twenty-five dollars per 
month, to be fixed and allowed by the Commissioner 
of Forestry. The Commissioner of Forestry shall, 
likewise, designate the fire-wardens for such continu- 
ous service, and the places to be patrolled by them, 
as in his judgment will produce the best results in 
the prevention or immediate suppression of fire. All 
sums of money which may thus become due to fire- 
wardens for continuous patrol service, and all other 
sums of money which may be earned by them and 
others in the prevention and suppression of fire, shall 



GAME, FISH AND FORESTRY LAWS 



281 



be paid iu manner hereinbefore provided, from the 
fund appropriated for the use of the fire-warden sys- 
tem created by this act. 

Section 19. Every fire-warden appointed, or so con- 
stituted and designated, in accordance with the pro- 
visions of this act, shall have the same powers as 
by existing law are conferred upon constables and 
other peace officers, to arrest on view, without first 
procuring a warrant therefor, any person detected by 
them in the act of committing an offense against any 
of the laws now enacted or hereinafter to be enacted 
for the protection of forests, woodlots, timber or 
wild lands, or when they shall have a reasonable sus- 
picion that any person is committing or is about to 
commit some such offense. The said wardens sh.ill 
have further power to take and convey the offender be- 
fore a justice of the peace, or other magistrate having 
jurisdiction, for hearing, trial, or other due process 
of law. 

Section 20. If any fire-warden shall fail, or wilfully 
or negligently refuse, to perform his duty, or shall 
render a false or fraudulent statement of services al- 
leged to have been performed ; or shall fail or refuse 
to pay promptly the respective amounts due those who 
have assisted in the extinguishing of said fires, after 
said amounts have been transmitted to him by the 
Commissioner of Forestry ; such fire-warden shall be 
deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be fined in a sum not exceeding one 
hundred dollars, or undergo imprisonment not ex- 
ceeding three months, either or both, at the discretion 
of the court. 

Section21. If any fire-warden, being in need of 
assistance in the suppression of fire, shall call upon 
any person to render such assistance, and such per- 
son shall refuse to render assistance, without a just, 
fair, and legal excuse, and one which is satisfactory to 
the fire-warden, he is hereby declared to be guilty of 
a misdemeanor, and, upon conviction thereof, shall 
be sentenced to pay a fine not exceeding fifty dollars, 
or imprisonment not exceeding one month, either or 
both, at the discretion of the court. 

Section 22. That the sum of eighty thousand dollars, 
or so much thereof as may be necessary, be and the 
same is hereby specifically appropriated, for the pay- 
ment of the expenses which may be incurred in the 
prevention and extinguishment of forest fires, in ac- 



Powers of 
constables. 



Failure to 

perform 

duty. 



Misde- 
meanor. 



Penalty. 



Refusal to 
aid wardens. 



282 



GAME, FISH AND FORESTRY LAWS. 



cordance with the provisions of this act, for the two 
fiscal years beginning June first, one thousand nine 
hundred and nine. 
Repeal. Section 23. That all acts or parts of acts incon- 

sistent herewith be and the same are hereby repealed. 
Approved— The thirteenth day of May, Anno 
Domin one thousand nine hundred and nine, in the 
sum of $50,000. I withhold my approval from the 
remainder of said appropriation because of insuf- 
cient State revenue. 

EDWIN S. STUART. 



Forest 
Reserves. 



Kindling of 
fire upon or 
within. 



Penalty. 



Injury, de- 
struction or 
removal of 
trees. 



Penalty. 



AN ACT 

To protect the State Forest Reserves ,and providing 
punishment for the violation thereof. 

Section 1. Be it enacted, &c.. That if any person 
shall wilfully, negligently or maliciously kindle a 
fire upon or within any of the Forest Reserves of this 
Commonwealth, cause a fire to burn thereon except 
in accord with such rules as may be prescribed by the 
Department of Forestry; or shall wilfully, negligently 
or maliciously set fire upon adjacent lands, which 
fire shall be communicated to the State Forest Re- 
serves ; such person shall be guilty of a misdemeanor, 
and upon conviction thereof be subject to a fine not ex- 
ceeding one thousand dollars for each offence, or 
imprisonment not exceeding six months, either or 
both, at the discretion of the court, together with 
costs of suit. 

Section 2. If any person, without the consent of 
the Commonwealth or any of her agents, shall wil- 
fully, negligently or maliciously cut bark from, or 
cut down, injure, destroy or remove a tree or trees 
on any forest reserve of this Commonwealth ,or shall 
wilfully, negligently or maliciously do or cause to 
be done any other act to the damage of said reserve, 
or the trees growing therein, such person shall be 
guilty of a misdemeanor, and upon conviction thereof 
shall be subject to a fine not exceeding five hundred 
dollars for each offense, or imprisonment not exceed- 
ing three months, either or both, at the discretion of 
the court, with costs of suit. 

Section 3. If any person shall wilfully, negli- 



GAME, FIfcH AND FORESTRY LAWS 



283 



gently or maliciously violate any of the rules made 
for the government of the State Forest Reserves, 
or shall cut, tear down, deface, or otherwise muti- 
late, injure or destroy, any of the copies of the rules 
or other notices relating to forest administration, 
which may be posted therein by the Department of 
Forestry or any of its officers or agents, such person 
shall be guilty of a misdemeanor, and upon conviction 
thereof shall be subject to a fine not exceeding one 
hundred dollars for each offense, or imprisonment not 
exceeding thirty days, either or both, at the discretion 
of the court, with costs of suit: Provided, That no 
conviction shall be had for any act committed in 
violation of this section unless it shall affirmatively 
appear that copies of such rules or notices were 
prominently posted in, upon or about said Forest 
Reserves . 

Section 4. All fines collected for the violation of 
any of the provisions of this act shall be paid to 
the Commissioner of Forestry, who shall pay the 
same to the State Treasurer, for the use of the 
Commonwealth . 

Section 5. The term "person," as used in this 
act, shall include not only individuals, or natural 
persons, but, as well, articial person, existing only 
in contemplation of law ; and shall be construed to 
mean partnerships, limited partnerships, joint stock 
companies, and corporations ,and the officers, agents 
and employes of the same. 

Section 6. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 5th day of May, A. D. 1911. 

JOHN K. TENER. 



Mutilation, 
destruction, 
etc., of 
rules or 
notices. 



Penalty. 



Disposition 
of fines. 



"Person' 
defined. 



Repeal. 



AN ACT 



Empowering the United States of America to ac- 
quire land in the State of Pennsylvania for Na- 
tional Forest Reserves, by purchase or by con- 
demnation proceedings ; and granting to the United 
States of America all rights necessary for control 
and regulation of such reserves. 

Section 1. Be it enacted, &c., That the United 
States of America is hereby empowered to acquire Forest Re- 
by purchase, or by making adequate compensation serves. 



284 



GAME, FISH AND FORESTRY LAWS. 



The United 
States em- 
powered to 
acquire 
land. 



Proviso. 

Approval. 

Proviso. 



Resumption 
of control by 
the State. 



Concurrent 
jurisdiction. 



United 
States laws. 



under condemnation proceedings, such lands in Penn- 
sylvania as in the opinion of the Federal Government 
may be needed for the establishment of National For- 
est Reserves in this State, in accordance with an act 
of Congress, entitled "An act to enable any State to 
cooperate with any othre State or States, or with the 
United States, for the protection of the watersheds of 
navigable streams, and to appoint a commission for 
the acquisition of lands for the purpose of conserving 
the navigability of navigable rivers," approved the 
first day of March, one thousand nine hundred and 
eleven: Provided, That the approval of the State 
Forestry Reservation Commission and the Water Sup- 
ply Commission shall be first had and obtained: Pro- 
vided further, That if at any time in the future, after 
the establishment by the Federal Government of such 
National Forest Reserves in the Commonwealth of 
Pennsylvania, the Commonwealth shall desire to re- 
sume complete ownership and control over said lands, 
it may do so by appropriate legislative action, pro- 
viding therein for the repayment to the United States 
of America of all moneys which may have been spent 
in acquiring lands the ownership of which is to be re- 
sumed, and interest thereon at the rate of two per 
centum per annum: And provided further, That the 
Commonwealth of Pennsylvania shall retain a con- 
current jurisdiction with the United States in and 
over such lauds, so far that civil process, in all 
cases, and such criminal process as may issue under 
the authority of the Comonwealth of Pennsylvania 
against any person charged with the commission of 
any crime, without or within said jurisdiction, may 
be executed thereon in like manner as if this act 
had not been passed. 

Section 2. That the said United States of Amer- 
ica is hereby empowered to pass such laws as it 
may deem necessary to the acquisition of land In 
Pennsylvania, as hereinbefore provided, and for in- 
corporation of such land into said National Forest 
Reserves, as in the opinion of the Federal Govern- 
ment may be needed for this purpose. 

Section 3. That the said United States of Amer- 
ica is hereby empowered to pass such laws, and 
to make or provide for the making of such rules, 
of both a civil and criminal nature, and provide 
punishment for the violation thereof, as in its judg- 
ment may be necessary for the management, control, 



GAME, FISH AND FORESTRY LAWS. 



285 



and protection of such lands acquired from time to 
time by the United States of America under the pro- 
visions of this act: Proyided, however. That the 
authority hereby given shall be subject to all the con- 
ditions and stipulations and reservations contained in 
this act. 

Section 4. That this act shall not confer powder 
to condemn land now held or hereafter to be ac- 
quired by Pennsylvania as and for a State Forest 
Reserve. 

Section 5. Nothing in this act shall be construed 
to repeal or invalidate or in any way affect the pro- 
visions of an act of Assembly, approved the twenty- 
second day of April, one thousand nine hundred and 
five, entitled "An act to preserve the purity of the 
waters of the State, for the protection of the public 
health," or the provision of an act, approved the 
twenty-seventh day of April, one thousand nine hun- 
dred and five, entitled "An act creating a Depart- 
ment of Health, and defining its powers and duties," 
or the provisions of an act, approved the fourteenth 
day of May, Anno Domini one thousand nine hundred 
and nine, entitled "An act to safeguard human life 
and health throughout the Commonwealth by provid- 
ing regulations for the control of certain communicable 
diseases and the prevention of infection therefrom, 
and prescribing penalties for the violation of said 
regulations." 

Approved— The 11th day of May, A. D. 1911. 

JOHN K. TENER. 



state Forest 
Reserres. 



Act con- 
strued. 



AN ACT 

For the protection of shade- and fruit-trees grow- 
ing on or along any highway, street, or road. 

Section 1. Be it enacted, &c.. That any person 
who shall wilfully and maliciously club, stone, cut, 
break, climb upon, injure, or destroy any shade-tree 
or any fruit-tree, growing on or along any street, 
rond, or other highway, shall be guilty of a misde- 
meanor ; and upon conviction thereof, before any al- 
derman, magistrate, or justice of the peace, shall 
be sentenced to pay a fine not exceeding ten dollars, 
or to undergo an imprisonment in the jail of the 



Trees. 

Wilful and 
malicious in- 
jury. 



Penalty. 



GAME, FISH AND FORESTRY LAWS. 

proper county not exceeding five days, or both, at the 
discretion of the alderman, magistrate, or justice. 
Approved — The 7th day of June, A. D. 1911. 

JOHN K. TENER. 



Forest re- 
serves. 



Kights of 
way. 



AN ACT 

Authorizing and empowering the Department of For- 
estry to grant rights of way through State lands. 

Section 1. Be it enacted, &c.. That the Depart- 
ment of Forestry of the State of Pennsylvania be, 
and they are hereby, authorized and empowered to 
grant rights of way through forestry reservations 
ito individuals or corporations, who may apply there- 
for, when "it shall appear to the said Department 
of Forestry that the said rights of way will not in- 
terfere with the use of said reserves, and when it 
shall further appear that the interests of the Common- 
wealth, or of its citizens, will be promoted thereby. 

Approved — The 8th day of June, A. D. 1911. 

JOHN K. TENER. 



AN ACT 



Trees and 
woodlands. 



To protect trees and woodlands, and providing pun- 
ishment for the violation thereof. 

Section 1. Be it enacted, &c.. That if any person 
shall wilfully, negligently, or maliciously set on 
fire, or cause to be set on fire, any woodlands within 
this Commonwealth, or shall directly or indirectly, 
without the consent of the owner, cause fire to burn 
therein; or shall wilfully, negligently, or maliciously 
set fire upon adjacent lands, which fire shall be com- 
municated to woodlands ; such person shall be guilty 
of a misdpmeanor, and on conviction thereof be fined 
not exceeding one thousand dollars for each offense, 
or imprisonment not exceeding six months, either or 
both, at the discretion of the court, together with 
costs of suit. 

Section 2. If any person shall wilfully, negli- 



GAME, FISH AND FORESTRY LAWS, 



287 



gently, or maliciously cut bark from, or cut down, in- 
jure, destroy, or remove a tree or trees growing or 
standing upon the land of another, without the con- 
sent of the owner; or shall wilfully, negligently, or 
maliciously do or cause to be done any other act to 
the damage of said land or the trees growing thereon ; 
such person shall be guilty of a misdemeanor, and on 
conviction thereof shall be fined not exceeding five 
hundred dollars for each offense, or imprisoned not 
exceeding three months, either or both, at the dis- 
cretion of the court, together with costs of suit. 

Section 3. If any person shall purchase or re- 
ceive a tree or trees, knowing the same to have 
been cut or removed without the consent of the 
owner thereof ; or shall purchase or receive any 
logs, planks, boards, staves, shingles, or other lum- 
ber ,made from such trees so cut or removed, and 
knowing the same to have been so cut and made 
without such consent ; such person shall be guilty of 
a misdemeanor, and upon the conviction thereof shall 
be subject to the punishment provided in section two 
of this act. 

Section 4. If any person shall wilfully, negli- 
gently or maliciously cut down or fell, or employ any 
person to cut down or fell, a tree or trees growing 
upon the land of another, without the consent of the 
owner, such person shall be liable to pay to the owner 
double the value of such trees so cut down or felled, 
and in case of the removal from the land where grown, 
and the conversion thereof, treble the value, to be 
recovered in an appropriate action, with costs of 
suit ; and no prosecution under any other section 
of this act shall be a bar to the recovery of damages 
under this section ; and , in addition to the remedy 
for recovery of damages herein provided, the owner of 
such trees may follow the same and retake from the 
possession of any person, and wheresoever they may 
be identified and found ; as well as, in the same man- 
ner, retake all material into which said trees may 
have been converted, v/herever the same may be iden- 
tified and found ; and without any liability on the part 
of said owner for the retaking of his own property 
and restoring the same to his own possession. If the 
person in Avhose possession such trees or materials 
may be found shall refuse to surrender or deliver the 
same to the owner thereof, after due proof of owner- 
ship shall have been made, such person shall be 



Injury, de- 
struction or 
removal of 
trees. 



Penalty 



Unlawful 
purchase, 
etc. 



Penalty. 



Double 



Treble 



Retaking of 
property. 



Refusal. 



288 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



"Person' 
defined. 



"Wood- 
lands" 
defined. 



Repeal. 



equally guilty of misdemeanor, and upon conviction 
thereof subject to the punishment provided in section 
two of this act. 

Section 5. The term "person" as used in this act, 
shall include not only individuals or natural per- 
sons, but as well artificial persons, existing only 
in contemplation of law, and shall be construed to 
mean partnerships, limited partnerships, joint stock 
companies and corporations, and the officers, agents, 
and employes of the same. 

Section 6. The term "woodlands," in this act, is 
intended to include, and shall be construed to mean, 
woods, farmers' woodlots, marshes, moors, brush, 
barrens, brush lands, and wild unseated uncultivated 
land. 

Section 7. All fines which shall be collected or 
paid under this act shall be remitted at once to the 
treasurer of the county wherein the same shall be 
collected or paid, to become a part of the general 
fund of the county. 

Section 8. All acts or parts of acts inconsistent 
herewith are herebv repealed. 

Approved— The 9th day of June, A. D. 1911. 

JOHN K. TENER. 



AN ACT 

To provide for the assessment and taxation of aux- 
iliary forest reserves, and the collection, distribu- 
tion and use of the taxes collected therefrom. 



Auxiliary- 
forest 
reserves. 



Assessment 
and taxa- 
tion. 



Minerals. 
Assessment. 



Section 1. Be it enacted, &c.. That all surface 
land which may hereafter be classified and set apart 
as auxiliary forest reserves, in the manner provided 
by law, shall be rated in value, for the purpose of 
taxation, not in excess of one dollar ($1.00) per acre 
and shall continue to be so rated so long as the said 
land remains within the class designated as auxiliary 
forest reserves: Provided, however. That if the said 
surface land be underlaid with coal, iron ore, oil, 
gas, other valuable minerals, said minerals may be 
separately assessed. The assessors in the several dis- 
tricts in which such lands are situate shall assess such 
lands in the manner now or hereafter provided for 
the assessment of real estate for purposes of taxation, 
as if they had not been set apart as auxiliary forest 



GAME, FISH AND FORESTRY LAWS. 



reserves, and shall make their returns to the county 
commissioners in like manner as is now or hereafter 
may be provided by law, subject to exception, appeal, 
and final adjustment. 

Section 2. Upon receipt of assessment returns from 
the various assessors, the county commissioners shall 
reduce, in their records, to a sum not in excess of 
one dollar ($1.00) per acre, the assessment on all those 
lands which shall have been placed in the class 
known as auxiliary forest reserves, in accordance with 
certificates filed with them by the State Forestry Res- 
ervation Commission, and the original assessment re- 
turns made by said assessors shall be preserved. 

Section 3. Whenever timber, on land which is in- 
cluded in the class of land known as auxiliary forest 
reserves, is about to be harvested, the then owner of 
the timber on said land shall give a bond to the county 
treasurer in twenty per centum of the amount of the 
estimated value of the timber to be harvested, and to 
be approved by the court of the county, conditioned to 
pay to the county treasurer, within ninety days after 
harvesting, ten per centum of the value of the trees 
immediately at and before the time of harvesting- ; 
which amount shall be ascertained by statement and 
return, under oath or afiirmation, furnished in tripli- 
cate, one to the county commissioners, one to the 
county treasurer, and one to the commission, im- 
mediately after harvesting, by the then owner of the 
land, setting forth said value; which sum thus paid 
shall be divided and distributed by the county treas- 
urer of each county — to the county, and to the poor 
district, the road district, and the school district of 
the township in which the auxiliary reserve is situate, 
pro rata, based upon the last assessed mileage of 
taxation for county, poor, road, and school purposes 
within said taxing district. 

Such sum of money when ascertained to be due as a 
tax by the filing of the foregoing statement, and re- 
turn, under oath, and, as hereinbfeore provided, di- 
rected to be paid to the county treasurer by the owner 
of an auxiliary forest reserve, shall, from the time of 
such filing, be and remain a lien upon the land of such 
owner until payment shall have been made: And be 
it further provided. That all moneys received by the 
boards of supervisors shall be appropriated exclusively 
to the opening, maintenance, and repair of the. public 
roads now or hereafter passing through or into said 
19 



Reduction of" 
assessment. 



Timber 
about to be 
harvested. 

Bond. 



Payment to^ 

county 

treasurer. 



Distribution-, 
of fund. 



Lien. 
Proviso. 

Supervisors. 



290 



GAME, FISH AND FORESTRY LAWS, 



Appropria- 
tion of fund. 



If the re- 
turn is not 
satisfac- 
tory. 

Petition. 

Appraisers. 

Return. 



Oath. 



Appeals. 
Expenses 
and com- 
pensation. 



Removal of 
lands from 
classification 
prior to 
maturity of 
timber. 

Notice. 



Ascertain- 
ment of tax 
due. 



Certificate. 



auxiliary forest reserves, or upon which ^aid reserves 
now or hereafter may abut; and, in the event that no 
public highways pass through or into said reserves, or 
none of said reserves abut on such highways, then 
said moneys shall be used for general township road 
purposes. 

Section 4. Should the county commissioners be dis- 
satisfied with the return made, as hereinbefore pro- 
vided in section three hereof, the court of common 
pleas of the proper county, on petition of the com- 
missioners, shall appoint a board of three appraisers, 
who shall go upon the land in question, estimate the 
quantity and value of the trees immediately at and 
before the time of harvesting, and make a return 
thereof to the court, which said return shall then be 
made the basis upon which each owner shall malce 
payment to the respective county treasurers, unless 
changed upon appeal. The said appraisers shall be 
duly sworn or affirmed before entering upon their 
work ,and either party, if dissatisfied with the report 
of the appraisers, shall have right of appeal to the 
court of common pleas of the county, within ten davs 
after such report shall be filed and notice thereof 
given the owner. The said appraisers shall be al- 
lowed their expenses and a compensation to be fixed 
by the court, both to be paid by the county commis- 
sioners. 

Section 5. In case of the removal of said lands from 
the class known as auxiliary forest reserves, prior to 
the maturity of the timber, and without payment of 
the tax of ten per centum of the value thereof, as 
provided in section three of this act, the county com- 
missioners shall, on notice from the commission, as- 
certain the amount of the taxes which would have 
been paid by the said owner on the original assess- 
ment, before the reduction provided for in section 
two of this act, adding legal interest from the date 
when each tax payment would have become delin- 
quent. The said commissioners shall likewise ascer- 
tain the amount of taxes which have actually been 
paid upon the land in question, adding legal interest 
upon all such payments from the date when paid, and 
certify the result thereof to the county treasurer, who 
shall then proceed, in the manner provided for the 
collection of county taxes under general laws, to re- 
cover fnom such owner the difference between the 
two amounts, with costs. Such difference, so ascer- 



GAME, FISH AND FORESTRY LAWS, 



291 



tained to be due as tax as aforesaid, shall be and 
remain a lien upon the land of such owner until 
payment shall have been made. 

If such land shall be so removed from said class 
after the due cutting of a matured crop and the pay- 
ment of tax thereon, the owner shall, in that case, 
not be liable for such past assessment ; but the land 
shall thereafter be liable to assessment and tax as all 
other land not classed as auxiliary forest reserves. 

Section 6. This act shall take effect only beginning 
with assessments made for the purpose of levying 
taxes for the fiscal year one thousand nine hundred 
and fourteen. 

Approved— The 5th day of June, A. D. 1913. 

JOHN K. TENER. 



Lien. 



Removal 
from class 
after matur- 
ity, etc. 



When act 
shall take 
effect. 



AN ACT 

Providing a fixed charge on land classified as aux- 
iliary forest reserves ; and the distribution of the 
fund thus set aside for school and road purposes. 

Whereas, By existing law the State forest reserves 
are subject to an annual charge of two cents per 
acre for the benefit of schools, and two cents per acre 
for the benefit of roads, in the respective districts in 
which said reserves are located ; and 

Whereas, It would be a hardship to withhold from 
school and road districts the taxes which would other- 
wise be collected from land classified as auxiliary for- 
est reserves; therefore, — 

Section 1. Be it enacted, &c.. That all lands 
which shall hereafter be classified as auxiliary forest 
reserves shall be subject to an annual charge of two 
cents per acre for the benefit of the schools, and two 
cents per acre for the benefit of the roads, in the 
respective districts in which said reserves are lo- 
cated. Said charge is hereby made payable by the 
State. 

Section 2. The State Forestry Reservation Com- 
mission shall certify to the respective school districts 
and road districts, throughout the Commonwealth, in 
which auxiliary forest reserves are located, the num- 
ber of acres thus set apart and classified in each dis- 
trict, and the charge against the same; and shall, fur- 
thermore, certify to the State Treasurer the num- 



Preamble. 



Auxilliary 
forest 
reserves. 
Annual 
charge on 
for school 
and road 
purposes. 
Payable by 
the State. 

Certificate 

acreage, 

etc. 



292 



GAME, FISH AND FORESTRY LAWS. 



ber of acres as aforesaid, and the charge against 
the same, in favor of the respective school and road 
districts. The State Treasurer shall, upon the ap- 
Payments. proval of the proper warrants of the commission, 
pay to the several school districts and road districts 
the amount due the same from the Commonwealth, as 
dervied under this act. 
Approved— The 5th day of June, A. D. 1913. 

JOHN K. TENER. 



Auxiliary 
forest re- 



Classifica- 
tion, etc. 



Notice of 
owner. 



No. 284. 

AN ACT 

To classify certain surface lands as auxiliary forest 
reserves ; to prescribe the terms and conditions for 
their continuance in said classification ,or their 
withdrawal therefrom ; and to provide for the ex- 
penses attendant thereon. 

Section 1. Be it enacted, &c.. That in order to en- 
courage the growing of such trees, now existing or 
hereafter produced, as will at the proper age be suit- 
able for merchantable forest products, whether such 
be of natural reproduction or from seed sown, or trees 
planted out, or all combined, all surface land which 
may be set apart according to the provisions of this 
act, and exclusively used for growing such trees, is 
hereby constituted a separate and distinct class of 
land, to be known as auxiliary forest reserves. 

Section 2. When any owner of surface land desires 
to have such land placed in the class established by 
section one of this act, such owner shall notify the 
State Forestry Reservation Commission of his desire 
in manner and form to be prescribed by said commis- 
sion. Said notice shall contain a description of the 
land, its location, boundary, area, and character, and 
shall state as far as practicable the species, character, 
and condition of the trees growing thereon, and 
whether they are of natural reproduction or are 
from seed sown for the purpose, or have been set out 
on said land, or all combined, and such other informa- 
tion as the commission may require. If, upon receipt 
and consideration of this notice, the commission shall, 
in its discretion, deem the conditions such as to war- 
rant action on its part to determine whether such 



GAME, FISH AND FORESTRY LAWS. 



land should rightfully be placed in the class established 
by section one of this act, it shall cause the same to 
be examined by some person learned in the practice 
and principles of forestry, and a report made thereon, 
and if, upon receipt and consideration of such report, 
it decides that such land should be placed in the class 
established by section one of this act, it shall so de- 
clare and certify to the commissioners of the county in 
which said land is located. 

Section 3. Upon receipt by the county commission- 
ers of such certificate of the commission it shall be 
their duty at once to place said surface land in the 
class established by section one of this act, and keep 
the same therein until the trees growing thereon shall, 
in the judgment of the commission, become sufficiently 
large and suitable for merchantable forest products, 
or the land be devoted to other purposes: Provided, 
however. That the certificate of the commission shall 
not become operative to place said surface land in the 
class established by section one of this act until the 
owner of said surface land has agreed, in writing, with 
the commission to care for the trees growing thereon, 
according to the instructions and directions of the 
commission, up to such time as such trees become 
suitable for merchantable forest products ; and if any 
such owner at any time fails to care for the trees 
growing on said land as agreed with the commission, 
and due proof thereof is made, the commission may 
remove said surface land from the class established by 
section one of this act. In case of such removal, 
either through failure of the owner to care for the 
trees or on his expressed desire for removal before 
the trees shall have been cut at maturity and tax paid 
thereon, the county commissioners shall, on notice 
from the commission, proceed to recover from said 
owner, for the use of the county and township, by an 
appropriate action at law if necessary, the differ- 
ence in the amount of tax which would have been paid 
by the said owner at the rates established for the years 
for which recovery is sought and the rate provided 
for auxiliary forest reserves, with costs of suit, to be 
recoverable from the time when such land was placed 
in the class of auxiliary forest reserves. And the com- 
mission shall remove said surface land from the class 
established by section one of this act at any time that 
the then owner shall, in writing notify the commis- 
sion that he desires such removal. The commission 



Examina- 
tion. 



Report. 



Duty of 

county com 
missioners. 



Proviso. 



Agreement. 



Failure to 
care for 
trees. 



Removal 
from classi- 
fication. 



294 



GAME, FISH AND FORESTRY LAWS. 



Owner to 
file t)on(l. 



Cutting of 
timber. 



Removal 
and market- 
ing. 



Replanting, 
etc. 



Expenses. 



Right of 
owner. 



may, in it3 discre lon, at the time said surface land 
is placed in the class established by section one of 
this act, require the owner to file with the commis- 
sion his or its bond, of such kind and amount as the 
commission shall deem reasonable and sufiicient to 
secure the obligations of such owner under this act. 

Section 4. Whenever trees growing on said surface 
land have become suitable for merchantable forest 
products, the commision shall, at the request of the 
owner or on its own motion, make an examination of 
said land, and designate for the owner the kind and 
number of trees most suitable to be cut, if, in the 
judgment of the commission, there be any, and the 
cutting and removal of said trees so designated shall be 
in accordance with the instructions of the commission. 

Section 5. If the owner of said surface land faith- 
fully carries out the instructions of the commission 
wath regard to the removal and marketing of such ma- 
ture of other trees, as may be designated in the in- 
structions of the said commissioLi, and shall imme- 
diately -replant other trees of valuable species, or so 
protect the young growth that the said land may im- 
mediately become covered with young forest growth, 
and does so with the approval of the commission, then 
such surface land shall remain in the said class, es- 
tablished by section one of this act; otherwise, the 
commission shall notify the county commissioners that 
the said land is not being maintained in accordance 
with the written agreement of the owner and the in- 
structions of the commission, in which event the 
county commissioners shall immediately remove said 
land from the class established by section one of this 
act. All expenses attendant upon the examination of 
the said surface land by the commission shall be paid 
for out of the moneys appropriated for the mainten- 
ance of the Department of I'orestry, in like manner 
as other expenses for maintenance of said department 
are now paid. 

Section 6. The owner of the said auxiliary forest 
reserves shall, at all times, have the right to remove 
therefrom trees, or portions of trees, which may be 
killed by fire, thrown or broken by the wind, or in- 
jured by other natural causes; and shall, under the 
direction of the commision, be privileged to make nec- 
cessary thinnings or removal of undesirable species of 
trees, in order to improve the condition of the rpmain- 
ing trees; and, under the same direction, may Le 



GAME, FISH AND FORESTRY LAWS 



295 



privileged to remove therefrom such timber, from time 
to time, as may be necessary and essential for use 
upon the neighboring cleared lands of the said owner, 
for general farm purposes. 

Section 7. Any tract of land while remaining in the 
class of auxiliary forest reserves as above provided, 
may, nevertheless, be sold or incumbered by or 
through the owner thereof, but no sale or incum- 
brance, whether voluntary by the owner or involun- 
tary under any statutory or judicial proceeding what- 
soever, whether of any State or of the United States, 
shall effect a discharge of any obligation imposed 
under this act, and said land shall be removed from 
said class only in accordance with the provisions 
hereof. 

Section 8. That all acts or parts of acts inconsist- 
ent herewith be and the same are hereby repealed. 

Approved— The 5th day of June, A. D. 1913. 

JOHN K. TENER. 



Sale or in- 
cumbrance. 



Repeal. 



No. 414. 

A SUPPLEMENT 



To an act, entitled "An act to establish a Department 
of Forestry, to provide for its proper administra- 
tion, to regulate the acquisition of land for the 
Commonwealth, and to provide for the control, pro- 
tection, and maintenance of forest reserves by the 
Department of Forestry," approved the twenty- 
fifth day of February, Anno Domini one thousand 
nine hundred and one (Pamphlet Laws, page eleven), 
authorizing the Department of Forestry to desig- 
nate certain of the foresters within its employ to act 
as District Foresters, in the performance of gen- 
eral forest work other than within the State For- 
ests. 

Whereas, In accordance with section three of an 
act, entitled "An act to establish a Department of 
Forestry, to provide for its proper administration, to 
regulate the acquisition of land for the Common- 
wealth, and to provide for the control, protection, and 
maintenance of forest reserves by the Department of 
Forestry," it is provided that it shall be the duty of 



Preambla 



:296 



GAME, FISH AND FORESTRY LAWS 



Department 
•of Forestry. 



District 
Foresters. 



Duties of 

District 

"Foresters. 



OflBces and 
:sup.plies. 



the Commissioner of Forestry, among other things, 
"to encourage and promote the development of For- 
estry, to obtain and publish information respecting 
the extent and condition of forest lands in the State, 
and to execute all rules and regulations adopted by the 
Forestry Reservation Commission for the enforce- 
mentraent of all laws designated for the protection of 
forests from fire and depredation" and 

Whereas, It is desirable and expedient that that 
phase of forestry known as farmers' woodlot and pri- 
vate forestry be given greater consideration and as- 
sistance than it has heretofore received ; therefore, — 

Section 1. Be it enacted, &c.. That the Depart- 
ment of Forestry be authorized to designate, wher- 
ever the demands of forestry warrant, certain of the 
foresters in the State Forest Service to be known as 
District Foresters, and that the districts to which 
they may be assigned shall be coterminus with one or 
more of the counties throughout the Commonwealth. 

Section 2. It shall be the duty of the District 
Forester, under the direction of the department, to 
promote within his district the development of for- 
estry by conducting such educational efforts as may 
be necessary to bring to the attention of the people the 
uses and purposes of practical forestry, to render as- 
sistance to forest and woodlot owners, to conduct ex- 
periments in forestry, to collect data concerning for- 
ests and woodlots within his district, to inspect and 
report to the department upon the work of the fire- 
wardens, to advise with land owners upon the plant- 
ing and protection of shade-trees, to assist in Arbor 
Day work, and to promote and advance any other ac- 
tivity in local forestry which may be designated by 
the Department of Forestry. The District Forester 
shall be supplied by the Department with suitable of- 
fice facilities and supplies to enable him to carry on 
his work. 

Approved— The 21st day of July, A. D. 1913. 

JOHN K. TENER 



GAME, FISH AND FORESTRY LAWS, 



297 



No. 432. 
A SUPPLEMENT 



To au act, entitled "An act to create a system of fire- 
wardens to preserve the forests of the Commonwealth, 
by preventing- and suppressing forest fires, and pre- 
scribing penalties for the violation thereof ; providing 
for the compensation of the fire-wardens and those 
who asist in extinguishing fire, and making an ap- 
propriation therefor," approved the thirteenth day 
of May, one thousand nine hundred and nine; con- 
ferring authority upon the Department of Forestry 
to enter into co-operative relations with local as- 
sociations established for the purpose of preventing 
forest fires, and providing for and regulating a 
local fire patrol and the compensation thereof. 



Preamble. 



Whereas, The question of forest fires and their sup- 
pression has become a serious problem within this 
Commonwealth, the losses therefrom amounting to 
large sums of money each year, which losses ought 
to be prevented by adequate legislative authority and 
assistance ; and 

Whereas, Local associations for the prevention and 
suppression of forest fires have been established in 
different parts of the Commonwealth, composed of 
owners of land with timber growing thereon, whose 
lands are every year subjected to the menace of forest 
fires ; and 

Whereas, It is desirable that the Department of 
Forestry co-operate with such associations, and render 
assistance to them in accomplishing to the best ad- 
vantage the work which they are established to do ; 
therefore — 

Section 1. Be it enacted, &c.. That the Department 
of Forestry is hereby authorized to enter into co- 
operative agreements with local forest fire associa- 
tions, within this Commonwealth, for the prevention 
and suppression of forest fires; and is hereby author- 
ized to expend, from its general forest fire appro- 
priation, for this purpose, a sum of money equal in 
amount to the amount which shall be expended by 
each local association for the employment of proper 
persons to patrol such lands during those danger sea- 



Department 

of Forestry. 

Cooperative 
agreement 
with local 
forest fire 
associations. 



Local fire 
patrol. 



Reports of 
local asso- 
ciations. 



Statements. 



"Fire 

seasons," 

construed. 



Organization 
of associa- 
tions. 
Notice of 



GAME, FISH AND FORESTRY LAWS. 

sons of the year known as the forest fire seasons, and 
for such period of time each season as, in the judg- 
ment of the local association and the department, 
it is necessary or expedient to maintain such regular 
patrol ; and under such terms and conditions made 
with such local associations as, in the judgment of 
sjiid department, will produce the best and most 
satisfactory results in the prevention and suppression 
of forest fires: Provided, That such expenditure by 
the department shall not exceed thirty dollars per 
month for each patrolman. 

Section 2. Every such local forest fire protection 
association shall render to the Department of For- 
estry, at the end of each calendar year, a report 
showing the number of acres of land comprised within 
the activities of the association, and an itemized 
statement of nil receipts and expenditures during the 
year for which the report is rendered. And in case 
no appropriation shall be made by the Legislature for 
forest fire and protective work at any future time, 
all such co-operative agreements, subsisting at that 
time, shall be construed as being suspended during 
such interval for which no appropriation is made. 
Said local association shall also report any general 
results of the work that the Commissioner of Forestry 
may desire. 

Section 3. The fire seasons hereinabove mentioned 
sh.-ill not be construed, by reason of the act to which 
this act is a supplement, as being limited to the 
periods of time stated in the eighteenth section thereof. 

Section 4. When any group of land owners desire 
to organize themselves into a mutual forest fire pro- 
tective association they shall promptly notify the 
Commissoiner of Forestry of their intent, if it be the 
desire of such land owners to avail themselves of 
the benefits of this act. 

Approved— The 22d day of July, A. D. 1913. 

JOHN K. TENER. 



'rh<> foregoing is a true and correct copy of the act 
of the general Assembly, No. 432. 

ROBERT McAFEE. 

Secretary of the Commonwealth. 



GAME, FISH AND FORESTRY LAWS. 299 



RULES FOR THE GOVERNMENT OF THE STATE FOREST 
RESERVES. 

1. The game, fish, and forest laws of the State must not be 
violated . 

2. Birds' nests must not be destroyed or in any other man- 
ner interfered with. 

3. Open camp fires or other fires must not be made, except 
in a hole or pit one foot deep, encircling the pit so made by 
the earth taken out. 

4. Every camp fire or other open fire must be absolutely ex- 
tinguished before the last member of the party using it leaves the 
locality . 

5. Lighted matches, cigars, cigaretts, or hot ashes from pipes 
must not be thrown upon the ground. In every case they must 
be allowed to burn out or be otherwise extinguished. 

6. Living trees must not be cut down or injured in any man- 
ner. Dead and down timber may be used for camp fires. 

7. No person will be permitted to erect a camp who has not 
promised in writing to obey the camping rules and received a camp- 
ing permit. When requested, every camping party, before select- 
ing a camp site or pitching a camp, must report to a forest officer 
on the Reserve, who will assign a suitable camp site within the 
region where it is desired to locate. No camping party shall con- 
sist of more than ten persons at one time. Permits will be granted 
for a period of three weeks only. 

8. Every person receiving a camping permit must report to the 
Commissioner of Forestry at Harrisburg, any violation of law 
or of the rules for the government of the State Forest Reserves, 
coming under his observation. 

9. No permanent camp or other permanent structure may be 
erected within the Reserve. 

10. The pre-emption of any ground as a special camp site to 
the exclusion of others who may desire to camp near, and who 
have permission to camp within State Forest Reserves, will not 
be permitted. 

11. All persons who desire to picnic within the State Forest 
Reserves, remaining for a less time than a day, and not over 
night, are not regarded as campers and will not be required to 
procure a camping permit, but will be governed in all other re- 
spects by these rules. 

12. During the open deer season in each year, no dog of any 
description shall be used for hunting purposes within the State 



300 GAME, FISH AND FORESTRY LAWS. 

Forest Reserves, nor shall any dog during the period be taken 
by hunters into camps on said lands. 

13. The making of fires by hunters who stand on deer or other 
"runways" is forbidden. 

14. The placing of advertisements within the State Forest Re- 
serves is prohibited. 

15. Forest Officers are required to remove immediately from 
State Forest Reserves all persons who take deer running dogs 
thereon, and to kill the dogs when found in pursuit of deer. They 
are also required to remove therefrom all persons who do not 
properly guard their camp or other fires so as to prevent de- 
struction of State property by the starting of general forest fires, 
and campers who do not have proper camping permits. 

16. All persons who desire to camp within the State Forest 
Reserves must first apply to the Commissioner of Forestry. A 
blank application containing an abstract of the rules for the gov- 
ernment of campers will be forwarded to the applicant, who 
must sign and return the same to the Commissioner. If in 
proper form, in the absence of other objections, a permit will 
then be granted. 

17. All grazing of horses, cattle, sheep, and hogs within the 
State Forest Reserves is prohibited, except under direction of the 
Commissioner of Forestry. 

18. The breaking of trees or shrubbery or the pulling up of 
small trees is prohibited except for botanical purposes, for which 
a permit may be procured from the Commissioner of Forestry. 

TAKE NOTICE THAT 

Persons who violate the laws or any of the above rules will 
subject themselves to immediate arrest without warrant, to be 
dealt with according to law ; and may be denied all future privi- 
leges of camping, hunting, or fishing within the State Forest 
Reserves . 

All State Forest Ofiicers, without first procuring a warrant, are 
vested by Act of Assembly with power to arrest on view all per- 
sons detected by them in the act of trespassing upon forest or 
timber lands within the Commonwealth, under such circumstances 
as to warrant the reasonable suspicion that such persons have 
committed, are committing, or are about to commit some offense 
against any of the laws now enacted or hereafter to be enacted 
for the protection of forest and timber lands. They are likewise 
vested with similar powers of arrest in the case of offenses against 
these Rules, or for offenses committed against the laws for the 
protection of the fish and game found within the State Forest Re- 
serves . 

COMMISSIONER OF FORESTRY. 



GAME, FISH AND FORESTRY LAWS. 301 



SaGGESTIONS FOR ORGANIZATION OF GAME, FISH, 
AND FORESTRY ASSOCIATIONS. 



CONSTITUTION. 

Article I. 

The name of this association shall be 

Article II. 

Any reputable, law-abiding person shall be eligible to member- 
ship herein who shall be, etc. 

Article III. 

The officers of this association shall consist of a President, a 
Vice President, a Secretary, and a Treasurer who together with 
five other members of this Association, to be elected by the asso- 
ciation, shall compose the Executive Committee during the year 
of their election. 

Article IV. 

The Executive Committee shall have full charge of the business 
of this association, shall receive and investigate all complaints 
coming to them of violations of the forestry, the game, or the fish 
laws, and at once prosecute or, through the Secretary, notify the 
Commissioner of Forestry, the Commissioner of Fisheries, or the 
Secretary of the Game Commission at Harrisburg, as the case 
may be. 

Article V. 

Five of this Committee shall constitute a quorum for the trans- 
action of business and shall meet at least once a month. 

Article VI. 

This association shall hold two regular meetings, to be held 
on the day of and the day of 

and such other special meetings as may be called bv the President 
Oi* a majority of the Executive Committee. 



302 GAME, FISH AND FORESTRY LAWS. 

Article VII . 

This organization is formed for the protection and preservation 
of our forests, the protection of game, of song and insectivorous 
birds, and of fish; for aiding in the enforcement of the laws of 
this Commonwealth governing the same, and to unite the efforts 
and influence of all law-abiding citizens within the State ; and 
in securing such future legislation upon these subjects, as may be 
considered best suited to advance the interests of the people of the 
Commonwealth at large. 

With this object in view we hereby pledge ourselves not only to 
obey the laws of the Commonwealth pertaining to these subjects, 
but to use our influence to have others obey them. We agree to 
report to the Secretary of this organization the name of any in- 
dividual who may to our knowledge violate these laws, or any of 
them, and if need be to testify against such person to secure his 
conviction . 



GAME, FISH AND FORESTRY LAWS. 303 



AN ANALYSIS AND SUMMARY OF THE ACTS OF ASSEM- 
BLY OF THE STATE OF PENNSYLVANIA RELATING 
TO FORESTS AND FORESTRY. 



By I .0. Williams, Esq., Deputy Commissioner of Forestry, 



(Where penalties are herein referred to, the maximum penalty is 
given, unless otherwise mentioned.) 

Acts prohibited upon forest or timber lands. 
See trees, fires, timber, landmarks. 

Annual fixed charge upon forestry reserves for school and road 
purposes in lieu of taxes provided for by appropriation. 
Act of May 13, 1909, page 274 and April 5, 1905, page 255. 
Act June 5, 1913, page 291. 

Appalachian forest reserve may be established partly in this State. 
Act of May 11, 1911, page 283. 

Arrest of persons reasonably suspected of violating or being about 
to violate the forest and timber laws, may be made on view 
and without a warrant. 

Act of April 29, 1897, page 242. 

Auditor General may refuse to pay share of State aid for county 
detectives where arrests and convictions are obtained by de- 
tectives appointed by the Commissioner of Forestry. 
Act of May 2, 1901, sec. 2, page 250. 

Boroughs may require the planting of shade trees along public 
Act of June 17, 1901, page 250. 

Boroughs may impound water on reservations for borough pur- 
poses . 
Act of April 14, 1905, page 257. 

Camping permit required, rule 7, page 299. 

Charge of 2 cents per acre for schools and roads to be made an- 
nually in favor of townships wherein lie forest reserves. 
Act of April 5, 1905, page 255. 
Act of May 13, 1909, page 274. 



304 GAME, FISH AND FORESTRY LAWS. 

Commissioner of Forestry is President and executive officer of the 
Commission and Superintendent of the Reservations,^ he shall 
have immediate control and management of reservations, and 
enforce fish and game laws thereon ; he shall encourage for- 
estry, obtain and publish information relating to forest lands 
and enforce all laws for forest protection ; he may employ 
detectives ,upon approval of the Governor and the Commis- 
sion. (See also, "Department of Forestry.") 
Act of February 2.5, 1901, sec. 3, page 246. 

he shall receive a salary of $3,000 per annum, and all neces- 
sary expenses of travel in discharge of his duties, other mem- 
bers of the Commission shall receive no salary but shall be 
reimbursed for the necessary expenses of their office. 
Ibid., sec. 5, page 247. 

he shall have an office at the State Capitol and shall be pro- 
vided with the necessary accommodations and supplies for use 
of his Department. 
Ibid., sec. 5, page 220. 

he shall receive all moneys from the sale of timber or minerals, 
pay the same over to the State Treasurer, and give his bond 
with two sureties approved by the Governor in the sum of 
$10,000. 
Ibid., sec. 9, page 249. 

he shall establish and provide instruction for Forest Wardens 
in a School of Forestry at Mont Alto. 
Act of May 13, 1903, page 255. 

Commission, State Forestry Reservation: See "Department of 
Forestry." Page 244. 

County Commissioners, who, after being called upon by the Com- 
missioner of Forestry, shall fail to appoint detectives to fer- 
ret out and bring to punishment those who fire timber lands, 
shall be guilty of a misdemeanor in office, and on conviction 

thereof, shall pay a fine of $100 or suffer an imprisonment of 
two vears or both. 

Act of June 2, 1870, sec. 1, as amended by act of July 15, 

1897, page 243. 

County may forfeit share of State's aid for pay of detectives, if 
arrests and convictions for kindling fires are obtained by de- 
tectives appointed by the Commissioner of Forestry. 
Act of May 2, 1901, sec. 2, page 250. 



GAME, FISH AND FORESTRY LAWS. 305 

County treasurers, advertising unseated lands for sale for unpaid 
taxes, shall publish a notice of sale once a week for six weeks, 
and notify the Commissioner of Forestry. 
Act of March 30, 1897, page 240. 

Damages for injuries to trees along highways and on adjacent 
lands, may be recovered from telephone, telegraph, and elec- 
tric light companies. 
Act of June 2, 1891, page 239. 

Department of Forestry: A Commissioner of Forestry and four 
other citizens shall constitute the State Forestry Reservation 
Commission. They shall be appointed and commissioned by 
the Governor by and with the advice and consent of the Sen- 
ate, for a term of four years. They have power to purchase 
suitable lands for forest preservation, limited to a price not 
in excess of $5 per acre ; to control and manage the lands 
so purchased as well as those of prior purchase ; to make rules 
and regulations for the control, management, and protection 
of reservations ; to sell and dispose of timber on forest lands 
on terms most advantageous to the State ; to make and execute 
contracts or leases in the name of the Commonwealth for 
mining or removal of valuable minerals on reservations, after 
approval by the Governor and notice for one month by ad- 
vertising, the contracts and leases to be awarded to the highest 
bidder, who shall give bond in amount to be designated by 
the Commission, and to be approved by the court of the county 
wherein the contracts or leases are made ; one-half the net 
revenue derived from such contracts and leases to be paid to 
the respective township treasurers, provided this amount do 
not exceed twice the amount of taxes which would have been 
derived from such lands if owned by individuals. 
Act of February 25, 1901, sec. 1, page 244. 

may grow and distribute seedling trees at cost. 
Act of April 22, 1909, page 267. 

may grant rights of way through reserves. 
Act June 8, 1911, page 286. 

Damaging road side trees prohibited. 

Act of April 1, 1909, page 264. Act July 2, 1901, page 251. 
Act June 7, 1911, page 285. 

Detectives to ferret out and bring to punishment persons firing 
timber lands shall be appointed by the county commissioners. 
The expense of such employment shall be paid, one-half by the 
county and one-half by the State; which, for the State, shall 
not for a single county in any one year exceed $500. 
20 



306 GAME, FISH AND FORESTRY LAWS. 

Act of June 2, 1870, sec. 1, as amended by act of July 15, 
1897, page 243. 

Electric light companies may be compelled to pay damages for 
injuries to trees along highways and adjacent lands. 
Act of June 2, 1891, page 239. 

Employes of the Department of Forestry are ex-officio fire war- 
dens. 
Act of May 13, 1909, page 276. 

Estrepement may issue to prevent further cutting of timber by a 
tenant in common. 

Act of May 4, 1869, sec. 3, page 238. 

Fines, disposition of: When collected for violation of laws for 
protection of Forest Reserves, are payable to State Treas- 
urer . 
Act of May 5, 1911, page 282. 

Fires: Setting fire on State Forest Reserves prohibited under 
penalty of one thousand dollars fine or imprisonment of six 
months. 
Act May 5, 1911, page 282. 

setting fire to private woodlands punishable by same penalty. 
Act June 9, 1911, page 286. 

Fires: When county commissioners fail to appoint persons to 
ferret out and bring to punishment persons who wilfully or 
otherwise cause the burning of timber lands, the Commis- 
sioner of Forestry may, on request of the residents of a county 
where fires have occurred, appoint detectives and employ at- 
torneys to ferret out and bring to punishment those who kindle 
such fires ; all expenses thereof to be paid by the State Treas- 
urer after approval by the Governor and Commissioner of 
Forestry. 
Act of May 2, 1901, sec. 1, page 249. 

Fires: In regions where there are oil or gas-wells, fires shall be 
kindled only in accordance with directions of act of June 12, 
1907, page 262. 

Fires: Debris must be removed from such lands at least once 
a year. 
Ibid., page 263. 

Fires: Every railroad company must remove debris from right 
of way through such lands, must provide spark arresters, and 
sufficient trackmen to extinguish fires. 
Ibid, page 263. 



GAME, FISH AND FORESTRY LAWS. 307 

Fire wardens ,new system of established. 
Act of May 13, 1909, page 275. 

Fire wardens, district, may have assistant wardens and compel 
person to assist in extinguishing fires. 
Act of May 13, 1909, page 275. 

Fire wardens are punishable for neglect of duty. 
Act of May 13, 1909, page 281. 

Floods, destructive; prevention of. 

See "Unseated Lands." Page 242. 

Forestry Department: See "Department of Forestry." 

Forestry Reservation Commission is limited to $300,000 per year for 
purchase of lands. All proceeds derived from reservation lands 
shall become a special fund to be used in defraying expenses 
of improvement and protection of such lands, or for purchase 
of additional lands. 
Act of April 15, 1903, page 284. 

Forestry school established at Mont Alto for the instruction of 
Forest Wardens. 
Act of May 13, 1903, page 255. 

Forests, municipal, established. 

Act of April 22, 1909, page 268. 

Fruit trees along a street, road, or highway are protected under 
penalty of ten dollars fine or five days imprisonment. 
Act of June 7, 1911, page 285. 

Jury of view may be appointed to assess damages suffered from 
cutting trees by telephone, telegraph and electric light com- 
panies. 
Act of June 2, 1891, page 239. 

Land, vacant or unappropriated. See "Title." 

Landmarks, boundary trees, etc. See "Trees." 

Lands purchased by the Commission shall be paid for by the State 
Treasurer on warrant of the Auditor General upon vouchers 
approved by the Commission and the Governor. 
Act of February 25, 1901, sec. 7, page 248. 

Municipal forests established. 

Act of April 22, 1909, page 268. 

National forests are permitted in this State by Act of May 11, 
1911, page 283. 



308 GAME, FISH ATsu FORESTRY LAWS. 

Navigable rivers, beds of, no further warrants for. 
Act of May 3, 1909, page 272. 

Oil and gas-well lands: Regulations concerning use of fire on. 
Act of June 12, 1907, page 262. 

Owner of land may recover no compensation for fighting fire on 
his own land. 
Act of May 13, 1909, page 276. 

Permit camping required, rule 7, page 299. 

Person in forest law means an individual, partnership, limited 
partnership, joint stock company, a corporation, and the offi- 
cers, agents, and employes of the same. 
Act of May 5, 1911, page 283. Act June 9, 1911, page 283. 

Persons employed by the Commissioner of Forestry; made ex- 
officio fire wardens by act of May 13, 1909, page 276. 

Purchasing timber knowingly, illegally cut from land of another is 
a misdemeanor. 
Act June 9, 1911, page 287. 

Railroads must equip engines with spark arresters and maintain 
right of way through oil and gas lands free of debris. 
Act of June 12, 1907, page 263. 

Reserve, Appalachian or National, may be established in this 
State. 
Act May 11, 1911, page 283. 

Reserve, State Forest. Annual charge of 2 cents per acre for 
schools and roads, to be paid township and school districts. 
Act of April 5, 1905, page 255. 

Act of May 13, 1909, page 274. 

Fires prohibited. 
Act of May 5, 1911, page 282. 

Bights of way through State forest reserves may be granted by 
the Department of Forestry. 
Act June 8, 1911, page 286. 

Rivers, beds of navigable. No further warrants for. 
Act of May 3, 1909, page 273. 

Boads in forest reserves, regularly established, running into, 
through, or along said lands, may be maintained, repaired, 



GAME, FISH AND FORESTRY LAWS. 309 

or extended by the Commission, at an expense of not more 
than $25 per mile for those wholly on reservations, and at 
the expense of $12.50 per mile for those bordering reserva- 
tions . 
Act of February 25, 1901, sec. 8, page 248. 

Road tax fund: See "Reserves." 

Rules for the government of the State Forest Reserves, page 299. 

Posting of antecendent to conviction for violation of. 
Act of May 5, 1911, page 283. 

Fine or imprisonment for violation of. 
Ibid page 283. 

School of Forestry established at Mont Alto for the instruction 
of Forest Wardens, or foresters for State work. 
Act of May 13, 1903, page 255. 

Schools: See "Forestry School." 

Schools, fixing charge on land for two cents per acre. 

Act of April 5, 1905, page 255. Act of May 13, 1909, page 274. 

Seedling trees for forest planting may be grown and distributed 
by the Department. 
Act of April 22, 1909, page 267. 

Shade trees may be required to be planted along public streets in 
boroughs . 
Act of June 17, 1901, page 250. 

Shade Tree Commission: May be appointed in cities, boroughs, 
and first class townships, has absolute control over trees on 
public highways ; cost of planting is chargeable to the owner 
of the adjacent real estate ; cost of maintenance paid by gen- 
eral tax; may employ assistants and laborers. 
Act of May 31, 1907, page 257. 

Shade trees along street, road, or highway are protected under 
penalty of ten dollars fine or five days imprisonment. 
Act June 7, 191, page 285. 

Street railway companies may be authorized by the Commission 
to construct, maintain, and operate lines of railway over, 
along, and upon public highways laid out and in actual use, 
lying within or bordering forest reservations, when such reser- 
vations will be benefitted thereby. 
Act of April 15, 1903, page 253. 



310 GAME. FISH AXD FORESTRY LAWS. 

Taxes on forest reserves are supplied by annual fixed charges for 
roads and schools. 
Act of April 5, 1905, and act of May 13, 1909, pages 256, 274. 

Telephone, telegraph, and electric light companies may be com- 
pelled to pay damages for injuries to trees along highways 
and on adjacent lands . 
Act of June 2, ISOl, page 239. 

Tenant in common is prohibited from cutting or removing timber 
from lands held in common without first obtaining written con- 
sent of all his co-tenants. The writ of estrepement may issue 
to prevent further cutting. 
Act of May 4, 1S69, sees. 1, 3, page 237. 

Timber cutting is prohibited on land of another. 
Act of June 9, 1911, page 2?, . 

Timber lands shall be returned by the assessors at each triennial 
assessment, specifying the number of acres of timber and the 
number of acres of cleared land in each tract. 
Act of June 13, 18S3, page 23S. 

Timber, sale of, removed by tenant in common without c-onsent 
of co-tenants shall pass no title: owner may recover same 
and all articles manufactured therefrom, besides damages, in 
an appropriate action. 
Act of May 4, 1869, sec. 2, page 237. 

Timber, purchase of, or of material made therefrom, knowing that 
it was illeeally removed from land of another, is a misdemeanor 
and punishable under act June 9, 1911, page 237, 287. 

Timber, double value of, may be recovered for felling, and treble 
value for conversion. 
Ibid page 2S7. 

Title to unseated land shall be vested in the Department of For- 
estrr. if suitable for forestry purposes. 
Act of May 3, 1909, page 272. 

Title to all lands purchased by the Commission shall be in the 
Commonwealth, held by the Commissioner of Forestry, and 
said lands are not to be subject to warrant, survey or patent. 
Act of February 25, 1901, sec. 8, page 248. 

Trees on forest reserves are protected by penalty of one thousand 
dollars fine or six months imprisonment. 
Act May 5. 1911, i>age 2S2. 



GAME, FISH AND FORESTRY LAWS. 311 

Trees and woodlands are protected by act June 9, 1911, page 286. 

Trees: Damages for injuries to trees nlong highways or adjoining 
lands may be recovered from telephone, telegraph and electric 
light companies. 
Act of June 2, 1S91, page 239. 

Trees: Injury done to trees planted by the roadside, by negli- 
gently allowing domestic animals access thereto is punishable 
by fine of from $1 to $5 for each tree ; and in default of pay- 
ment or entry of bail for same, the offender may be com- 
mitted to prison one day for each dollar of fine and costs. 
Act of July 2, 1901, sec. 5, page 2.51. 

Trees growing within road limits shall not be injured or destroyed 
except in certain cases. Penalties provided. 
Act of April 1, 1909, page 264. 

Trees for fruit or shade, along street, road, or highway, shall not 
be injured or destroyed. 
Act of June 7, 1911, page 28.5. 

Trees: Malicious removal or destruction of boundary trees or 
other landmarks is punishable by a fine of $500 and imprison- 
ment for one year. 
Act of March 31, 1860, sec. 153, page 237. 

Trees: Department may grow and distribute at cost. 
Act of April 22, 1909, page 267. 

Trees: Shade Tree Commission in cities, boroughs, and first class 
townships, have full control of trees upon public highways. 
Act of May 31, 1907, page 257. 

United States may acquire land in this State for National Forest 
Reserves under certain conditions. 
Act May 11, 1911, page 283. 

Unseated land: See "Title." 

Unseated lands may be purchased by the Commonwealth at treas- 
urer's sale, for the purpose of creating a State Forestry Reser- 
vation, at a price not to exceed the taxes for which sold and 
costs . 
Act of March 30, 1897, page 240. 

Unseated lands other than those sold for taxes, may be bought by 
the Commissioner of Forestry at a price not to exceed the 
assessed value, and in no case to exceed five dollars per 
acre. 



312 GAME, FISH AND FORESTRY LAWS. 

Act of March 30, 1897, sec. 2, as amended by act of April 
28, 1899, P. L. 98, page 241. 

Unseated lands bought by the Forestry Commissioner at tax sales, 
may be redeemed. 
Act of March 30, 1897, sec. 3, page 241. 

Unseated lands purchased at tax sales and not redeemed within 
the time allowed by law, shall be fully vested in the Common- 
wealth, free from further taxation. The treasurers of the 
respective counties shall certify lists of such lands so purchased 
and not redeemed. 
Act of March 30, 1897, sec. 4, page 241. 

Unseated lands acquired by the Commonwealth shall become a 
part of the forestry reserve and shall be controlled and man- 
aged with a view to the preservation of the water supply at 
the sources of rivers, and for protection from destructive 
floods. 
Act of March 30, 1897, sec. 5, page 242. 

Vacant land, title to. 

Act of May 3, 1909, page 270. 

Wardens upon forest reserves, called in the act "persons employed 
by the Commissioner of Forestry," after taking the proper 
oath, shall have conferred upon them powers of constables 
and other peace oflicers ; may arrest on view, without warrant, 
upon reasonable suspicion of an offense committed or about 
to be committed against laws for protection of iorests and 
timber lands, and fish and game therein, and may convey 
offenders before justices of the peace for hearing and trial, 
or due process of law. Rules must be conspicuously posted 
on reserves. This power shall be exercised only upon reserves, 
or adjacent lands and only beyond the limits of the reserves 
when necessary for pursuit and arrest, or conveying offenders 
into custody. 
Act of March 11, 1903, page 252. 

are now ex-ofiicio fire wardens. 
Act of May 13, 1909, page 276. 

Warrants need not first issue for the arrest of persons trespassing 
on forest and timber lands, when a reasonable suspicion exists 
that they have violated or are about to violate the law per- 
taining to such lands. 
Act of April 29, 1897, page 243. 



GAME, FISH AND FORESTRY LAWS. 313 

Water may be impounded on reservations for the use of bor- 
oughs. 

Act 14th April, 1905, page 257. 

Water supply, conservation of. See "Unseated Lands." Page 240. 
Way, right of, may be granted through State forest reserves. 

Act June 8, 1911, page 286. 
Woods, lands, or marshes, wilful setting fires to. See Fires. 

OFFICIAL LIST OF DEPARTMENT OF FORESTRY. 



State Forestry Reservation Commission. 

Robert S. Conklin, President, Columbia, Lancaster county. 

J. T. Rothrock, M. D., Secretary, West Chester, Chester county. 

Mira L. Dock, Harrisburg, Dauphin county. 

S. B. Elliott, Reynoldsville, Jefferson county. 

J. Linn Harris, Belief onte. Centre county. 



Office of Commissioner of Forestry. 

Commissioner of Forestry, Robert S. Conklin, Columbia, Lancas- 
ter county. 

Deputy Commissioner of Forestry, I. C. Williams, Esq., Royers- 
ford, Montgomery county. 

Clerks, A. Elwyn Strode, West Chester, Chester county. 
George W. Howard, Chester, Delaware county. 



314 GAME, FISH AND FORESTRY LAWS. 



NOTICE. 

Department of Forestry, 
Harrisburg, Pa., June 1, 1911. 

The act approved March 11, 1903, confers the powers of con- 
stables upon those who are employed by the Commissioner of 
Forestry under existing laws for the protection of State Forest 
Reserves. The employes of this Department will be properly in- 
structed and duly qualified according to law. They will be ex- 
pected to take prompt and decided measures, and arrest all per- 
sons who violate any laws intended to protect the timber, game, 
or fish upon the State Forest Reserves, or the rules of the De- 
partment. Failure on the part of a State Forest Officer to do 
this in a proper case will be followed by immediate dismissal from 
the service of the State. Those employed by this Department 
will be recognized by the State Forest Reserve badge which they 
wear. 

The proper protection for our Forest Reserves should interest 
every citizen of the State, because he or she is a part owner 
of the land. It will be a favor to this office if persons who are 
aware of any neglect of duty on the part of forest officers will 
promptly notify the Department, giving facts necessary to form an 
intelligent judgment and to enable the taking of prompt action. 

ROBERT S. CONKLIN, 
Commissioner of Forestry. 



INDEX 10 FORESTRY EAWS 



A. 

Page. 

Acts, certain, prohibited in forest or timber land 237,243,262,264,282,286 

Academy, Forest 255 

Address of Commissiouer of Forestry 300 

Advertisement by county commissioners 240 

Analysis of forestry laws, 303 

Annual cliarge on land for school purposes 255,274 

Annual charge on laud under auxiliary forestry reserve act 288, 291 

Appeal 266,267,272 

Application for permit to camp, 29D 

Appalachian Koserve, may be established in Pennsylvania 283 

Appointment of Commissioner of Forestry , 243 

Appointment of forest wardens, 247 

Appointment of fire wardens, 275 

Appointment of detectives, 247, 249 

Appraisers, 290 

Arrest 252,253,262,287 

Arrest, warrant for, 260,270 

Arrest, without warrant, 243,252,281 

Associations, suggestions on, 301 

Assessment and taxation under Forestry Reserve Act 288 

Assessors, duties of 238 

Assistance in extinguishing fire, compelling, 276 

Assistant fire wardens 276,277 

Attorneys may be employed 247,249 

Auditor General, certain duties of 241,244,250,274,277,278 

Auxiliary forest reserve, 288,291,293 

B. 

Bond, State Forestry Commissioner, 249 

Boundary trees, removal of 237 

Borough officers, powers of 250 

Boroughs, right to impound water, 257 

Boroughs, right to establish forests 268 

C. 

Camp on State lands, rules 299 

Cattle, pasturing of, rules 300 

City forests may be established, 268 

Commission, State Forestry Reservation 244 

Commissioners, county, certain duties of 240,244,250,278 

Commissioners of Forestry, appointment of 245 

Commonwealth authorized to purchase lands for taxes, 240 

Compensation of fire wardens, 276 

Compensation for daily patrol of fire wardens, 280 

(315) 



316 INDEX. 

Page. 

Compulsory assistance in extinguishing fire 277 

Condemnation by United States 283 

Constables, powers and duties of 242,243,279,281 

Convictions before court 237,238,239,281 

Convictions before justice 251,253,262,287 

County Commissioners, duties of, 240,244,250,278,290 

County treasurer, duties of 240 

County may forfeit State aid 250 

Cutting or mutilating growing timber, 283,285,287 

Cutting timber trees by tenants in common 237 

Cutting of timber under Forestry Reserve Act, 291,294 

Daily patrol of fire wardens 280 

Damages double and treble, 287 

Damage to trees by electric light or telephone companies, 239 

Damage by cutting or injuring timber without owner's consent,. 239,283,285,286 

Debris must be removed from oil or gas-well lands, 262, 263 

Defacing signs or posters ou State lands '. 283 

Department of Forestry, 244 

Detectives may be appointed by Department of Forestry 244,247,249 

Detectives shall be appointed by county commissioners, 244,247,249 

Disability of fire wardens, 279 

Dispute about compensation for fighting fire, how settled, 280 

District fire wardens 275 

District Foresters, 297 

Division of revenue from sale of timber 248 

Dogs on State lands, rules 300 

Duty of Commissioner of Forestry 247 

Duty of fire wardens, 276,277 

Duty of constables, 242, 243 

Duty of justices, 253,262,285 

E. 

Electric light companies, liability of, for damage to trees, 239 

Employes of the Commissioners of Forestry, powers on State lands 252 

Ex-oflicio fire wardens 276 

Estrepement, Avrit of 238 

Examination of lands under auxiliary forestry reserve act, 292,293 

Expenses of extinguishing fires, how paid 277 

F. 

Failure to care for trees under Auxiliary Reserve Act 293 

Fines 260,262,263,281 

Fire seasons defined 262, 280 

Fire starting on one's own land, or land of another 286 

Fire not to be lighted on woodlands or marshes 286 

Fire not to be kindled on forest reserves 282 

Fire warden, chief and deputy chief, 275 

Fire warden, duties and powers of, ., 275,276 

Fire warden, penalties for failing in duty, 2S1 

Fire warden,* assistant 277 

Fire warden, s.vstem of, 275 

Fires 249, 262, 263, 282, 286 

Firing the woods, penalties for 282 

Floods, 242 



INDEX. 317 

Page. 

Foresters, District 29& 

Forestry Reservation Commissioa, 284 

Forests, municipal, may be established, 26& 

Forest reserve, exempt from taxation, 24& 

Forest reserve, fixed charges on, 256,274,291 

Forest reserve, right of way through 286' 

Forest reserves, waters on 25T 

Forest wardens 247, 255- 

Forest academy 25& 

Fraudulent claim for compensation for extinguishing fires, 281 

Fruit trees along roadside, 285 

G. 

Gas well lands, preventing fire on 262 

Governor, duties of, in certain cases, 246,248 

H. 

Harvesting of timber under Auxiliary Forest Reserve Act 289 

Highways bordering on or within reserves, 248 

Highways, trees along, protection of, 251, 257 

I. 

Injury to or mutilation of trees, 251 

Intentional firing of forests 283,285 

J. 

Jurisdiction of constables, 242, 243, 279 

Justice of the peace, 251, 252 

K. 

Kindling fires on State reserves, 282 

Kindling fires on one's own land, or on lands of another, 286 

L. 

Land, power of Forestry Commission to purchase, 245 

Land to be under control of Department of Forestry 242 

Land of the State exempt from taxation, 248 

Land liable to fixed charge 256,274 

Land title to vacant 272 

Land in forest reserves under charge of Commissioner of Forestry, 247 

Land , not subject to warrant or survey, 248 

Landmarks 237 

Lease of mineral rights in reserves 246 

Letter from Commissioner of Forestry, 300 

Liability, personal, of fire warden to pay costs of extinguishing fires, 279 

Lien under Auxiliary Forestry Reserve Act, 289,291 

M. 

Magistrate, duties of 251, 252 

Marketing of timber under Forestry Reserve Act, 289,294 

Maximum price to be paid for land, 245 

Mineral on State land 246 

Minerals under Auxiliary Forestry Reserve Act, 288 



318 INDEX. 

Page. 

Misdemeanor 244, 259, 263, 281, 283, 285 

Municipal forests may be established 268 

Municipalities, right to impound water 257 

Mutilation of growing timber, 282,283,285,287 

Mutilation of posters or signs, 283 

N. 

National forest reserve 283 

Navigable rivers, warrants for beds of, 272 

Notice, trespass. (See Index to Game Laws.) 

Notice of the Commissioner of Forestry 299 

Notice to State Forestry Reserve Commission 292 



Office of the Commissioner of Forestry, 247 

Officers refusing or neglecting to do their duty 281 

Oil well lands, precautions to prevent fire on 262 

Organization, suggestions for game, fish and forestry 301 

Owners in common, rights of, 237 

Owners, no compensation for, extinguishing fire on own lands 276 

Owners, rights of, under Auxiliary Forestry Reserve Act, 294,296 



Pasturing of cattle, 300 

Penalty for refusing assistance in extinguishing fire 281 

Permit to camp, 299 

Persons assisting in extinguishing fire shall be paid 280 

Pipe lines. (See Rights of Way). 

Powers of the Commissioner of Forestry, 247 

Powers of forest wardens, or rangers and foresters, 254,277,278 

President of Forestry Commission, 246 

Protection of the State Forest Reserves 282 

Protection of trees and woodlands, 286,287 

Public roads in or along forest reserves 285 

Purchase of land by the Commonwealth 244,245 

Purchase of land, money for, how paid 248 



Railroad engines setting fires 2G3 

Railroad engines setting fire, penalty for 263 

Railroad companies, duties of respecting fire 263 

Record to be kept of lands purchased by the Commissioner of Forestry, 242 

Redemption of land, 242 

Refusing, officers to do their duty, 281 

Removing or destroying land marks 237 

Replanting 267, 294 

Reserve, fixed charges on 256,274 

Revenue for school and road purposes 256,274 

Rights of way through State lands 288 

Rights of owners under Auxiliary Forestry Reserve Act 292,294 

Hivers, navigable, warrant for beds of 273 

Roads in township where foresty reserves are located, 256 

Roads on forest reserves, 248 

Hules of Forestry Commission, power to make 246 

aiules, punishment for violating 282,283 



INDEX. 319 



Page. 

Sale of lands under Auxiliary Forestry Reserve Act 295 

Sanatorium at Mont Alto transferred 261 

Schools, fixed charges for 256,274 

Schools, tax for, under Auxiliary Forestry Reserve Act, 291 

School of Forestry 255 

Seedling trees, growth and distribution of 267 

Setting fire to woodlands, 282,286 

Shade trees, planting of, by boroughs, cities and townships 257 

Shade trees along roadsides 285 

Shade Tree Commission 257 

Spark Arresters, engines to be provided with, 263 

State Forest Academy 255 

State forest lands, public roads on, 286 

State Forest lands subject to fixed charge 256,274,291 

State Forest lands not subject to taxation 248 

State Treasurer, duties of 244,248,256 

State shall pay four-fifths cost of fighting fire 278 

Street railways on forest reserves, 253 

Suggestions for organization 301 

Summary of foi-est laws, 303 

T. 

Tax under Forestry Reserve Act 288,290 

Telegraph or telephone companies, liability of, 239 

Tearing or mutilating posters or signs on State lands 283 

Tenants in common, rights of 237 

Timber cutting without owner's consent 282,286 

Timber land to be returned separately for assessment 238 

Timber cutting title to, not to pass under certain conditions, 238,287 

Timber from State reserves may be sold by Commission 248 

Timber, under Auxiliary Reserve Act 294, _j9 

Title of land to vest in Commonwealth 242,248 

Title to vacant land 272 

Township forests may be established 268 

Town officials, duties in certain cases 250 

Tree seedlings, growth and distribution of, 267 

Trees, damage of 282,283,285,287 

Trees, boroughs may require planting of, 251 

Trees growing along roadside 250,264,285 

Trees, malicious removal or destruction of 282,2^3,285,287 

Trees planting along roadside, 250,257,264,285 

Trees, planting of, by Shade Tree Commission 258 

Trees and woodlands, protection of 286 

United States may establish reserves in Pennsylvania 283 

U. 

Unseated land 240 

V. 

Vacant land, title to 270,272 

Viewers to appraise vacant land 270 

Viewers to appraise damage 239 

W. 

Wanton or wilful starting of forest fires 282,286 

Wardens, fire, duties and powers of 275,276 



320 INDEX. 

Page. 

Wardens or forest rangers, duties and powers of, 275,276 

Warrants of arrest 266 

Warrants for trespass. (See Index to Game Laws). 

Wilful or careless destruction or mutilation of trees and timber, 282,283,285,287 

Writ, of estrepement, how obtained, 238 

Woods, woodlands or marshes wilful setting fire to, 282,286 

Woodlands, protection of, 286 



